kitien's  Compensation  Law 


of  the 


TATE  OF  MARYLAND 


Revised  With  Amendments,  May,  1916 

Amendments  Effective,  April  26, 

June  I  and  November  I,  1916. 


Workmen's  Compensation  Law 


of  the 


State  of  Maryland 


May,  1916 


Copyright,  1916,  by 

F.  ROBERTSON  JONES 

New  York 


CONTENTS 

PAGE 

Effect  of  1916  Amendments 5 

Digest  of  Workmen's  Compensation  Law 9 

Text  of  Workmen's  Compensation  Law 15 


342943 


Effect  of  1916   Amendments  to  Workmen's 
Compensation  Law 


1.  Employments  Covered. 

2.  Injuries   Covered. 

3.  Medical  and  Surgical  Aid. 

4.  Partial  Disability. 

5.  Non-resident  Alien   Beneficiaries. 

6.  Appeals. 

/.  How  Compensation  is  Secured. 

8.  Principal  and  Sub-contractor. 

9.  State  Insurance. 

10.  Tax  on  Insurance  Carriers. 

11.  Penalties. 

12.  Extra-Territorial  Effect. 


i.    Employments  Covered. 

The  list  of  hazardous  employments  enumerated  in  Group  41  is  extended 
so  as  to  include  the  operation  of  cars,  trucks,  wagons  or  other  vehicles,  rollers 
and  engines  drawn  by  horses  and  mules  (§32). 

A  comprehensive  definition  of  ''mining''  is  given  (§63[i2]). 

2.    Injuries  Covered. 

Intoxication  of  the  injured  employee  while  on  duty  is  made  a  bar  to 
recovery  only  if  injury  results  "solely"  from  such  intoxication  (§§  14,  46.) 

Compensation  is  payable  for  such  disease  or  infection  as  may  naturally 
(instead  of  "naturally  and  unavoidably,"  as  formerly)  result  from  injury 
(§63[6J). 

3.    Medical  and  Surgical  Aid. 

The  provision  barring  the  employee's  recovery  of  any  amount  expended 
for  medical  treatment  or  services  unless  he  or  some  one  in  his  behalf  shall 
have  requested  the  employer  to  furnish  the  same  and  the  employer  shall  have 
refused  or  neglected  to  do  so,  is  eliminated  (§37). 

4.     Partial  Disability. 

It  is  newly  provided  that  for  the  loss  of  the  fractional  part  of  the  vision 
of  either  one  or  both  eyes  compensation  shall  be  paid  in  like  proportion  to  the 
compensation  for  total  loss  of  vision ;  and  that  wherever  there  has  been  an 


amputation  of  a  part  of  any  member  specified  in  the  Act,  or  the  loss  of  the  use 
of  any  part  thereof,  for  which  compensation  is  not  specifically  provided, 
compensation  shall  be  allowed  for  such  proportion  of  the  total  time  allowed 
for  the  amputation  or  loss  of  the  use  of  such  member  as  the  affected  or 
amputated  portion  thereof  bears  to  the  whole  (§36[3J). 

5.    Non-Resident  Alien  Beneficiaries. 

Compensation  to  non-resident  alien  dependent  widows,  children  and 
parents  is  to  be  the  same  in  amount  as  for  residents ;  but  the  Commission  may 
at  any  time  within  a  year  after  the  accident  resulting  in  death  convert  future 
payments  to  such  beneficiaries  to  a  lump  sum  equal  to  three-fourths  of  the 
then  value  of  such  payments,  but  not  to  exceed  $2,400.  Payments  may  be 
made  to  consular  representatives  of  such  aliens  (§36[4]). 

6.    Appeals. 

A  new  section  is  added,  providing  that  the  clerk  of  any  court  to  which 
a  case  is  sent  on  appeal  shall  send  to  the  Commission  a  certified  copy  of  the 
docket  entries  and  judgment  of  the  court  in  each  case  heard  and  determined 
on  appeal  (§  SpA). 

7.    How    Compensation   is   Secured. 

The  penalty  of  $500  to  $5,000  fine  incurred  by  an  employer  for  failure  to 
submit  to  the  Commission  the  method  he  desires  to  adopt  for  assuring  com- 
pensation is  extended  to  the  failure  to  procure  insurance  by  one  of  the 
methods  prescribed.  The  remission  of  such  penalty  in  the  discretion  of  the 
Court  is  subjected  to  the  further  proviso  that  the  employer  has  paid  or 
secured  any  compensation  or  other  benefits  under  the  Act  which  may  have 
been  awarded  against  him  (§  15). 

The  last  three  paragraphs  of  Section  15  as  it  stood  before  the  amendment 
are  omitted  in  the  amended  form  of  this  section,  possibly  through  inadvert- 
ence, as  the  reference  to  these  paragraphs,  which  is  found  in  the  concluding 
paragraph  of  the  amended  section,  indicates  that  the  Legislature  had  no 
intention  of  eliminating  them.  Should  it  be  held  that  these  three  paragraphs 
are  nevertheless  ineffective,  it  would  result  in  abolishing  the  procedure  out- 
lined for  employers  in  the  matter  of  selecting  a  plan  for  the  insurance  of 
•compensation,  and  in  abrogating  the  power  of  the  Commission  to  compel 
insurance  in  the  State  Fund  and  to  enforce  the  payment  of  premiums  therein 
.as  heretofore  provided.  The  opinion  of  the  Attorney  for  the  Maryland  State 
Industrial  Accident  Commission  is  that  the  last  three  paragraphs  of  Section  15 
are  repealed. 

8.    Principal  and  Sub-Contractor. 

A  new  section  is  added,  which  provides  that  a  principal  shall  be  liable 
for  compensation  to  employees  of  his  sub-contractor  if  engaged  in  any  work 
which  is  a  part  of  the  principal's  trade,  business  or  occupation.  In  such  a 
case  the  principal  is  entitled  to  indemnity  from  his  sub-contractor  for  com- 
pensation paid.  The  employee,  however,  may  file  his  claim  directly  against 


his  immediate  employer,  the  sub-contractor;  and  if  he  files  it  against  the 
principal,  the  latter  may  bring  in  his  sub-contractor  or  any  intermediate  con- 
tractor as  co-defendant  (§6oA). 

9.     State  Insurance. 

Notice  of  intention  to  withdraw  from  the  State  Fund  need  not  be  in 
writing.  Employers  withdrawing  from  such  Fund,  instead  of  being  subject 
to  assessment  and  to  the  requirement  of  depositing  with  the  State  Treasurer 
a  sum  sufficient  to  cover  any  accrued  liability  or  purchasing  an  annuity,  are 
now  required  to  assure  compensation  to  their  employees  by  one  of  the  other 
methods  specified  in  the  Act  (§26). 

It  is  newly  provided  that  the  entire  expense  of  administering  the  State 
Accident  Fund  shall  be  paid  in  the  first  instance  out  of  the  general  appro- 
priation for  the  administrative  expenses  of  the  Commission,  but  that  after 
January  I,  1918,  and  annually  thereafter,  there  shall  be  a  strict  apportionment 
of  the  expenditures  in  the  administration  of  such  Fund  for  the  preceding  yearv 
and  the  amount  thereof  shall  be  refunded  to  the  State  Treasury.  In  addi- 
tion, the  State  Fund  must  bear  its  proportionate  share  of  the  general  ad- 
ministrative expenses  of  the  Commission  (§27).  See  also  caption  10,  "TAX 
ON  INSURANCE  CARRIERS." 

The  liability  of  the  State  in  conection  with  the  administration  of  the 
State  Accident  Fund  is  no  longer  limited  to  the  amount  of  such  Fund  (§  16). 
;  The  premiums  for  insurance  in  the  State  Fund  are  to  be  paid  every  four 
months,  instead  of  quarterly  (§  17). 

10.     Tax  on  Insurance  Carriers. 

The  provision  for  the  assessment  on  insurance  carriers  for  the  expense 
of  administering  the  Act  is  modified  by  segregating  the  expense  of  adminis- 
tering the  State  Accident  Fund,  and  making  that  Fund  liable  for  its  own 
administrative  expenses,  in  addition  to  its  liability  for  a  proportionate  share 
of  the  general  administrative  expense.  This  assessment  is  to  be  based  on  the 
aggregate  payrolls  of  the  employers  insured  with  the  respective  insurance 
carriers,  including  the  State  Fund,  or,  in  case  of  a  self-insuring  employer,  on 
his  aggregate  payroll,  for  the  preceding  year  (beginning  with  1917)  ;  and  the 
total  assessment  for  any  one  year  is  limited  to  $60,000.  Payment  of  such  tax 
may  be  enforced  by  civil  action  in  the  name  of  the  State  (§27). 

n.    Penalties. 

Failure  to  insure  compensation  by  one  of  the  methods  prescribed  by  the 
Act.  is  made  a  misdemeanor,  punishable  by  $500  to  $5,ooo  fine  (§15).  The 
paragraph  formerly  included  in  this  section,  which  imposed  a  penalty  of  an 
amount  equal  to  six  months'  premiums  or  taxes  for  State  insurance  in  case 


8 

of  an  employer's  failure  or  refusal  to  insure  in  such  Fund  within  ten  days 
after  demand  by  the  Commission,  has  been  omitted  in  the  amended  form. 
See  also  caption  7,  "HOW  COMPENSATION  IS  SECURED." 

12.    Extra-Territorial  Effect. 

In  mining  industries,  the  employee  shall  be  deemed  to  be  wholly  employed 
within  the  State  and  entitled  to  the  benefits  of  the  Act,  if  the  tipple,  mouth  or 
principal  entrance  in  and  about  which  he  works,  is  situated  within  the  State, 
even  though  such  employee  be  injured  while  working  in  some  part  of  the 
mine  extending  underground  into  an  adjoining  State  (§63 [12]). 


Digest  of   the    Maryland    Workmen's 
Compensation   Law* 


TITLE,   ETC. 

Chapter  800,  Laws  of  1914;  effective  November  I,  1914  (§66).  Incor- 
porated in  Annotated  Code  of  Maryland,  Bagby's  Edition,  Vol.  3,  as  Article 
CI— WORKMEN'S  COMPENSATION.  As  amended  by  Laws  of  1916, 
Chapter  597,  effective  April  26,  1916;  Chapter  86,  effective  June  i,  1916; 
Chapter  379,  effective  June  i,  1916;  Chapter  368,  effective  November  I,  1916. 

SYSTEM  PROVIDED  FOR. 

Compensation,  compulsory,  with  State  or  other  insurance  or  proof  of 
financial  responsibility  (§§14,  15).  Supervised  by  "State  Industrial  Accident 
Commission"  (§§1-13). 

EMPLOYMENTS   COVERED. 

Extra  hazardous  employments  enumerated  (§32)  carried  on  by  employer 
for  pecuniary  gain  (§63),  including  public  employments  therein,  unless  equal 
or  more  beneficial  provision  is  otherwise  made  (§35);  but  farm  laborers, 
domestic  servants,  country  blacksmiths,  wheelwrights  and  similar  rural  em- 
ployments, casual  employees  and  any  employee  whose  salary  exceeds  $2,000  a 
year  are  expressly  excluded  (§63).  Any  other  employment  may  be  brought 
under  the  Act  by  joint  election  (§33). 

EMPLOYMENT  IN  INTERSTATE  COMMERCE 
Act  applies  to  employers  and  employees  engaged  in  intrastate  and  also  in 
interstate  or  foreign  commerce  for  whom  a  liability  or  compensation  law  may 
be  established  by  Congress,  only  to  the  extent  that  their  'mutual  connection 
with  intrastate  work  is  clearly  distinguishable  from  interstate  or  foreign 
commerce ;  but  any  such  employer  and  his  employees  working  wholly  within 
the  State  may,  with  the  approval  of  the  Commission  and  if  not  forbidden  by 
Congress,  accept  the  provisions  of  the  Act  (§33).  Or  employer  may  agree 
with  employee  to  pay  compensation  under  Federal  compensation  act,  if  any 
should  be. enacted  (§34). 

INJURIES  COVERED. 

Accidental  personal  injuries  arising  out  of  and  in  course  of  employment, 
and  such  disease  or  infection  as  may  naturally  result  therefrom,  unless  self- 
inflicted  or  due  to  wilful  misconduct  or  resulting  solely  from  injured  em- 
ployee's intoxication  (§§  14,  46,  63). 


*The  headings  of  this  Digest  conform  in  substance  and  order  with  those  of  the  "Digest 
of  Workmen's  Compensation  Laws  in  the  United  States  and  Territories"  (compiled  by  F. 
Robertson  Jones  and  published  by  the  Workmen's  Compensation  Publicity  Bureau,  80 
Maiden  Lane,  New  York  City) — so  that  the  former  supplements  the  latter. 


10 

NOTICE  OF  INJURY  AND  CLAIM  FOR  COMPENSATION 
Written  notice  of  injury  must  be  given  to  employer  within  10  days  after 
accident,  and  also,  in  case  death  results,  within  30  days  after  death.  Failure 
to  give  notice  is  no  bar  to  compensation  if  excused  by  Commission  on  the 
ground  that  notice  could  not  have  been  given  or  that  employer  or  the  State 
Fund  was  not  prejudiced  thereby  (§38).  Claim  must  be  filed  with  Commis- 
sion within  30  days  (§39). 

WAITING  PERIOD. 

First  two  weeks  after  injury  (§  49)  ;  but  in  case  of  permanent  total  dis- 
ability one  week  (§36[i]). 

MEDICAL  AND  SURGICAL  AID. 

Employer  must  furnish  medical  or  hospital  services,  etc.,  as  required  by 
the  Commission,  not  to  exceed  $150  in  value.  If  employer  fails  to  provide 
same  employee  may  do  so  at  employer's  expense  (§37). 

COMPENSATION  FOR  TOTAL  DISABILITY. 

If  permanent,  50%  of  average  weekly  wages;  maximum  $12,  minimum  $5 
or  full  wages,  weekly  during  continuance  of  disability,  but  not  to  exceed  in 
aggregate  $5,000.  If  temporary,  same  payments  to  continue  during  dis- 
ability, but  not  longer  than  six  years  nor  to  exceed  in  aggregate  $3,750  (§36). 

COMPENSATION  FOR  PARTIAL  DISABILITY. 
If  permanent,  special  schedule  for  loss  of  certain  members,  etc.;  in  other 
cases  50%  of  impairment  of  earning  capacity,  maximum  $12  weekly  during 
incapacity,  but  not  to  exceed  in  aggregate  $3,ooo.    If  temporary,  same  payments 
during  incapacity,  but  not  to  exceed  in  aggregate  $3,500  (§36). 

COMPENSATION    FOR   DEATH. 

In  all  cases,  except  as  noted  below,  reasonable  funeral  expenses,  maximum 
$75.  To  wholly  dependent,  50%  of  average  weekly  wages,  to  continue  for 
remainder  of  period  between  date  of  death  and  8  years  after  injury ;  maximum 
$4,250,  minimum  $1,000.  To  partly  dependent,  same  payments  to  continue 
for  such  portion  of  8-year  period  as  Commission  may  determine,  maximum 
$3,000.  If  no  dependents,  funeral  expenses,  as  above,  unless  the  deceased  has 
left  sufficient  estate  to  defray  same  (§§36,37). 

EFFECT    OF    PREVIOUS    DISABILITY. 

In  case  of  further  injury  to  employee  previously  disabled,  future  com- 
pensation is  to  be  adjusted  with  regard  to  the  combined  effect  of  injuries  and 
past  receipt  of  compensation  (§43). 

AVERAGE    WAGES— HOW    COMPUTED. 

Average  weekly  wages  are  to  be  based  on  full  time  employment  (§63  [8]). 
Regard  may  also  be  had  to  the  fact  that  employee  was  of  such  age  and  ex- 
perience that  his  wages  would  be  expected  to  increase  (§47). 


II 

WHO    ARE    DEPENDENTS. 

Certain  persons  are  presumed  wholly  dependent.  In  all  other  cases  de- 
pendency is  to  be  determined  in  accordance  with  facts  at  the  time  of  injury. 
Dependents  are  limited  to  lineal  descendants,  ancestors,  spouse,  brothers  and 
sisters  (§§36,43). 

NON-RESIDENT   ALIENS. 

Compensation  to  non-resident  alien  dependent  widows,  children  and 
parents  is  to  be  the  same  in  amount  as  for  residents ;  but  the  Commission  may 
at  any  time  within  a  year  after  the  accident  resulting  in  death  convert  future 
payments  to  such  beneficiaries  into  a  lump  sum  equal  to  three-fourths  of  the 
then  value  of  such  payments,  but  not  to  exceed  $2,400.  Payments  may  be 
made  to  consular  representatives  of  such  aliens  (§36[4]). 

MEDICAL   EXAMINATION. 

Injured  employee  must  submit  to  medical  examination  from  time  to  time 
at  a  reasonably  convenient  place,  as  required  by  the  Commission.  Refusal  to 
submit  forfeits  right  to  compensation  for  period  of  refusal  (-§42). 

SETTLEMENT    OF   CLAIMS    AND    DISPUTES. 

Terms  of  compensation  must  be  settled  by  the  Commission  or  by  an 
arbitration  committee  appointed  by 'the  Commission  (§40). 

RIGHT    OF    APPEAL. 

From  the  Commission's  decision  appeal  lies  to  the  Circuit  Court  or  to  the 
Common  Law  Courts  of  Baltimore.  Final  appeal  may  be  had  to  the  Court  of 
Appeals  (§56).  Brenner  v.  Brenner,  96  Ail.  287;  Frazier  &  Son  v.  Leas,  id. 
764- 

MODIFICATION  OF  AGREEMENTS  AND  AWARDS. 

The  Commission  may  from  time  to  time  make  such  modifications  of 
awards  as  in  its  opinion  may  be  justified  (§54),  or  may,  upon  its  own  motion 
or  upon  the  application  of  either  party,  readjust  or  terminate  payments,  on  the 
ground  of  change  in  conditions  (§§40,  43). 

COMMUTATIONS. 

In  every  case  except  temporary  disability,  the  Commission  may  allow 
compensation  to  be  paid  in  partial  or  total  lump  sum  (§51).  If  beneficiary 
has  resided  outside  of  the  State  for  a  year  the  Commission  may  convert  future 
payments  into  a  lump  sum  by  paying  three-fourths  of  the  then  value  thereof, 
not  to  exceed  $2,400  (§44). 

PREFERENCE. 

No  provision  as  to  the  preference  of  a  claim  for  compensation  over  other 
claims  against  the  employer's  assets. 


12 

ASSIGNMENTS    AND    EXEMPTIONS. 

Claims  for  compensation  miay  not  be  assigned,  charged  or  taken  in 
execution  or  attachment  prior  to  the  issuance  and  delivery  of  warrant  or 
voucher  therefor  (§52). 

HOW    COMPENSATION    IS    SECURED. 

Employers  must  secure  payment  of  compensation  by  either  (i)  insuring 
in  the  State  Accident  Fund,  (2)  insuring  in  a  stock  corporation  or  mutual 
association  authorized  to  transact  the  business  of  workmen's  compensation 
insurance  in  the  State,  or  (3)  furnishing  proof  of  financial  ability  to  pay 
compensation  direct,  in  which  case  the  Commission  may  require  deposit  of 
security  (§15). 

METHOD  OF   PAYMENT  AND   PROCEEDINGS   TO   COLLECT. 

All  claims  for  compensation  must  be  presented  to  the  Commission ;  pay- 
ments to  be  made  directly  to  employee  by  employer  or  insurer  on  Comimis- 
sion's  award  (§§39-40). 

ATTORNEYS'   LIENS   AND    FEES. 

Claims  for  legal  services,  medical  treatment,  etc.,  are  not  enforceable 
unless  approved  by  the  Commission.  If  so  approved,  they  become  a  lien  upon 
compensation  awarded,  but  are  payable  only  in  the  manner  fixed  by  the 
Commission  (§57). 

MINORS   AND   INCOMPETENT    PERSONS. 

A  minor  working  at  an  age  legally  permitted  is  deemed  sui  juris  (§48). 
Where  right  of  election  exists,  as  to  minor  under  16,  it  must  be  exercised  by 
parent  or  guardian  (§33). 

WHERE    INJURY    IS    CAUSED    BY    THIRD    PARTY. 

If  an  employee  has  a  right  of  action  against  a  third  party,  he  may  elect 
either  to  bring  suit  against  such  third  party  or  to  claim  compensation.  In  the 
latter  event,  the  employer,  for  the  benefit  of  himself  or  his  insurer,  may 
enforce  the  liability  of  such  third  party;  but  any  amount  recovered  in  excess 
of  compensation  shall  be  paid  to  employee  (§58). 

PRINCIPAL    AND    SUB-CONTRACTOR. 

A  .principal  is  liable  for  compensation  to  employees  of  his  sub-contractor 
engaged  in  any  work  which  is  a  part  of  the  principal's  trade,  business  or 
occupation;  but  the  principal  is  entitled  to  indemnity  from  his  sub-contractor 
for  compensation  paid.  The  employee  may,  however,  file  his  claim  directly 
against  his  immediate  employer,  the  sub-contractor ;  and  if  he  files  it  against 
the  principal,  the  latter  may  bring  in  his  sub-contractor  or  any  intermediate 
contractor  as  co-defendant  (§6oA). 


SUITS   FOR  DAMAGES. 

If  injury  results  from  the  deliberate  intention  of  the  employer,  the 
employee  may  elect  either  to  take  compensation  or  to  sue  for  damages  (§45). 
If  the  employer  fails  to  secure  payment  of  compensation  as  required,  the 
employee  may  either  demand  compensation  or  bring  suit  for  damages,  with 
the  defenses  of  contributory  negligence,  assumption  of  risk  and  fellow 
servant's  fault  abrogated  (§14). 

ACCIDENT    PREVENTION. 
No  provision. 

REPORTS  REQUIRED  OF  EMPLOYER   OR    INSURER. 

Employer  must  make  immediate  report  of  accident,  to  the  Commission 
(§38).  If  insured  in  State  Fund,  employer  must  report  on  pay  roll  every  4 
months  (§21).  The  Commission  may  require  additional  reports  (§§I5[3],  27). 

POSTING    NOTICES. 
No  provision. 

CONTRACTING   OUT. 

Agreements  to  waive  right  to  compensation,  or  for  employees'  contribu- 
tions to  insurance  premiums,  are  void  (§53). 

INSURANCE. 
General  Provisions. 

Insurance  policies  must  be  approved  as  to  form  by  the  Commission ;  they 
are  deemed  subject  to  the  provisions  of  the  Act  and  must  provide  that  the 
Commission  may  enforce  them,  that  notice  to  the  employer  shall  be  deemed 
notice  to  the  insurer,  that  the  insolvency  of  the  employer  shall  not  discharge 
insurer ;  and  must  cover  entire  liability  for  compensation.  Policies  may  be 
canceled  only  upon  notice  to  the  Commission  (§§29-31).  Beginning  with  the 
year  1917,  the  administrative  expenses  of  the  Commission  are  to  be  assessed 
against  insurance  carriers  in  proportion  to  the  aggregate  payrolls  of  the  em- 
ployers insuring  with  each  (§27). 

Stock  Companies. 

Employer  may  insure  with  any  stock  corporation  authorized  to  transact 
compensation  insurance  in  the  State  (§15). 

Mutual  Insurance. 

Employer  may  insure  his  liability  with  any  authorized  mutual  association 
(§15). 

State  Insurance. 

The  Act  provides  for  the  creation  of  the  State  Accident  Fund,  to  be 
administered  by  the  Commission  and  maintained  by  premiums  of  subscribing 
employers.  Delinquent  payments  may  be  recovered  by  the  Attorney  General 


14 

in  a  civil  action.  Subscribers  may  withdraw  after  one  year  upon  60  days' 
notice  to  the  Commission  and  payment  of  arrears  and  upon  assuring  com- 
pensation by  one  of  the  other  methods  prescribed  by  the  Act  (§§16-26). 

Regulation  of  Rates. 

Rates  of  premiums  for  State  insurance  are  fixed  by  the  Commission, 
based  on  amount  of  payroll  and  classification  of  risk  (§§17-19).  Rates  of 
insurance  companies  or  associations  are  subject  to  regulation  by  the  Insurance 
Commissioner  (§29). 

PENALTIES. 

Employer's  failure  to  submit  to  the  Commission  his  choice  of  a  plan  for 
securing  compensation,  or  failure  to  secure  compensation  as  required,  is  a 
misdemeanor,  punishable,  by  $500  to  $5,000  fine  (§15).  For  failure  to  report 
on  payroll,  if  insured  in  State  Fund,  civil  penalty  of  $100  is  incurred.  Em- 
ployer insuring  in  the  State  Fund  who  fraudulently  misrepresents  amount  of 
payroll  on  which  his  premium  is  based  is  liable  for  ten  times  the  difference 
between  premium  paid  and  amount  which  should  have  been  paid  (§21). 
Fraud  or  misrepresentation  in  claim  for  compensation  is  punishable  by  $500 
fine  or  12  months'  imprisonment,  or  both  (§41).  If  employee  is  injured 
through  absence  of  safeguard  or  protection  required  by  Commission,  employer 
is  liable  to  fine  of  $50 — $500  (§55).  Employer  who  deducts  from  wages  any 
amount  toward  insuring  compensation  is  guilty  of  a  misdemeanor,  punishable 
by  fine  of  $200  (§53)- 

EXTRA-TERRITORIAL  EFFECT. 

The  Act  does  not  apply  to  workmen  employed  wholly  without  the  State, 
except  as  to  mining  employees  who  are  injured  while  working  in  some  part 
of  the  mine  extending  underground  into  an  adjoining  State,  if  the  tipple, 
mouth  or  principal  entrance  of  such  mine  is  situated  within  the  State 
(§63(3, 1*1). 

CONSTITUTIONALITY. 
No  provision. 

MISCELLANEOUS    PROVISIONS. 

If  proceedings  before  the  Commission  or  Court  are  not  brought  on  reas- 
able  ground,  entire  cost  thereof  may  be  assessed  upon  party  bringing  same 
(§57).  If  compensation  provisions  are  held  invalid,  the  period  between  injury 
or  death  and  such  adjudication  is  not  to  be  computed  as  part  of  the  time  limi- 
tation for  commencement  of  action  for  damages  (§59)- 


TEXT  OF  THE  LAW 

ARTICLE  CI. 

WORKMEN'S    COMPENSATION. 
(As  incorporated  in  Annotated  Code  of  Maryland,  Vol.  3,  Bagby's  Edition) 

*AN  ACT  to  promote  the  general  welfare  of  this  State  by  providing  com- 
pulsory insurance  against  accident  or  death  of  workmen  engaged  in 
extra-hazardous  employments  in  this  State,  and  providing  for  the  form, 
kind  and  method  of  such  insurance  and  the  incidents  thereto;  and  pro- 
viding for  the  amounts  of  compensation  payable  thereunder  and  the 
person  or  persons  to  whom  such  compensation  is  payable;  and  providing 
for  the  creation  of  a  State  Industrial  Accident  Commission  and  defining 
its  powers ;  and  providing  for  the  creation  of  a  State  Accident  Fund ;  and 
providing  for  an  appropriation  to  carry  out  the  provisions  of  this  Act; 
and  providing  for  the  abolishment  in  certain  cases  of  the  defenses  of 
"Assumption  of  Risks,"  "Contributory  Negligence"  and  the  "Negligence 
of  a  Fellow  Servant"  in  actions  for  personal  injury  and  death,  and  to 
repeal  Chapter  837  of  the  Acts  of  1912,  and  to  repeal  Chapter  139  of  the 
Acts  of  1902 ;  Chapter  153  of  the  Acts  of  1910  as  amended  by  the  Acts  of 
1912,  Chapter  445,  and  to  provide  for  the  equitable  disposition  of  the 
funds  created  by  virtue  of  the  said  Acts  of  1902,  Chapter  139,  and  the 
Acts  of  1910,  Chapter  153. 

*  Whereas,  the  State  of  Maryland  recognizes  that  the  prosecution  of 
various  industrial  enterprises  which  must  be  relied  upon  to  create  and  pre- 
serve the  wealth  and  prosperity  of  the  State  involves  injury  to  large  numbers 
of  workmen,  resulting  in  their  partial  or  total  incapacity  or  death,  and  that 
under  the  rules  of  the  common  law  and  the  provisions  of  the  statutes  now 
in  force  an  unequal  burden  is  cast  upon  its  citizens,  and  that  .in  determining 
the  responsibility  of  the  employer  on  account  of  injuries  sustained  by  his 
workmen,  great  and  unnecessary  cost  is  now  incurred  in  litigation,  which  cost 
is  borne  by  the  workmen,  the  employers  and  the  taxpayers,  in  part,  in  the 
maintenance  of  courts  and  juries  to  determine  the  question  of  responsibility 
under  the  law  as  it  now  exists ;  and 

* Whereas,  in  addition  thereto,  the  State  and  its  taxpayers  are  subjected 
to  a  heavy  burden  in  providing  care  and  support  for  such  injured  workmen 
and  their  dependents,  which  burden  should,  in  so  far  as  may  be  consistent  with 
the  rights  and  obligations  of  the  people  of  the  State,  be  more  fairly  distributed 
as  in  this  Act  provided ;  and 

*Whereas,  the  common  law  system  governing  the  remedy  of  workmen 
against  employers  for  injuries  received  in  extra-hazardous  work  is  incon- 
sistent with  modem  industrial  conditions;  and  injuries  in  such  work,  formerly 
occasional,  have  now  become  frequent  and  inevitable. 

*Now,  Therefore,  The  State  of  Maryland,  exercising  herein  its  police  and 

*The  title  and  enacting  clauses  of  Chapter  800,  Acts  of  1914,  have  been  omitted  from 
the   Code,  but  are  reprinted  here. 


i6 

sovereign  power,  declares  that  all  phases  of  extra-hazardous  employments  be, 
and  they  are  hereby  withdrawn  from  private  controversy,  and  sure  and  cer- 
tain relief  for  workmen  injured  in  extra-hazardous  employments  and  their 
families  and  dependents  are  hereby  provided  for,  regardless  of  questions  of 
fault  and  to  the  exclusion  of  every  other  remedy,  except  as  provided  in  this 
Act. 

§  i.  State  Industrial  Accident  Commission.  A  Commission  is  hereby 
created  which  shall  be  known  as  the  State  Industrial  Accident  Commission,  to 
be  composed  of  three  Commissioners.  Immediately  upon  the  taking  effect  of 
this  Article,  the  Governor  shall  appoint  such  Commissioners  (not  more  than 
two  of  whom  shall  belong  to  the  same  political  party).  One  of  them  shall  hold 
office  for  the  first  two  years,  another  for  the  first  four  years,  and  another  for 
the  first  six  years  following  the  passage  and  approval  of  this  Article.  There- 
after the  term  shall  be  six  years.  Each  Commissioner  shall  devote  his  entire 
time  to  the  duties  of  the  office,  and  shall  not  hold  any  position  of  trust  or 
engage  in  any  occupation  or  business  interfering  or  inconsistent  with  his 
duties  as  such  Commissioner,  or  serve  on  or  under  any  committee  of  a  political 
party.  Each  Commissioner  shall  hold  office  until  his  successor  shall  be 
appointed  and  shall  have  qualified.  Vacancies  shall  be  filled  by  the  Governor 
for  the  unexpired  term.  A  decision  on  any  question  arising  under  this  Article 
concurred  in  by  two  of  the  Commissioners  shall  be  the  decision  of  the  Com- 
mission. The  Governor  may  at  any  time  remove  any  Commissioner  from 
office  for  inefficiency,  neglect  of  duty  or  malfeasance  in  office.  Before  such 
removal  he  shall  give  such  Commissioner  a  copy  of  the  charges  against  him 
and  shall  fix  a  time. when  he  can  be  heard  in  his  own  defense,  either  in  person 
or  by  counsel,  which  shall  not  be  less  than  ten  days  thereafter,  and  such  hear- 
ing shall  be  open  to  the  public.  The  Governor  shall  designate  a  member  of 
said  Commission  as  Chairman  thereof.  The  principal  office  of  the  Commis- 
sion shall  be  in  the  City  of  Baltimore,  but  branch  offices  may  be  established 
at  other  places  in  the  State  for  the  purpose  of  administering  this  Article. 
[1914,  ch.  800,  sec.  i.] 

§  2.  A  majority  of  the  Commission  shall  constitute  a  quorum  for  the 
transaction  of  business,  and  a  vacancy  shall  not  impair  the  right  of  the  re- 
maining members  to  exercise  all  the  powers  of  the  full  Commission,  so  long 
as  a  majority  remains.  Any  investigation,  inquiry  or  hearing  which  the 
Commission  is  authorized  to  hold,  or  undertake,  may  be  held  or  undertaken 
by  or  before  any  one  member  of  the  Commission,  and  every  order  made  by  a 
member  -thereof,  when  approved  and  confirmed  by  a  majority  of  the  members 
and  so  shown  on  its  record  of  proceedings,  shall  be  deemed  to  be  the  order 
of  the  Commission.  [1914,  ch.  800,  sec.  2.] 

§  3.  The  salary  of  each  of  the  Commissioners  shall  be  three  thousand 
dollars  ($3,000.00)  per  annum,  and  shall  be  paid  out  of  the  State  Treasury,  and 
in  addition  to  the  said  sum  of  $3,000  per  annum,  each  of  said  Commissioners 
shall  also  receive  the  sum  of  $2,000  per  annum  which  shall  be  paid  out  of  its 
funds  by  the  Mayor  and  City  Council  of  Baltimore  to  each  of  said  Commis- 
sioners as  employes  of  said  municipal  corporation.  In  addition  to  the  salary 
provided  in  this  Section,  each  Commissioner  shall  be  allowed  his  actual  and 
necessary  traveling  and  incidental  expenses.  [1914,  ch.  800,  sec.  3.] 


17 

§4-  The  Commission  shall  be  in  continuous  session  and  open  for  the 
transaction  of  business  during  all  business  hours  of  each  and  every  day,  ex- 
cepting Sundays  and  legal  holidays.  All  sessions  shall  be  open  to  the  public, 
and  shall  stand  and  be  adjourned  without  further  notice  thereof  on  its 
record.  All  proceedings  of  the  Commission  shall  be  shown  on  its  record  of 
proceedings,  which  shall  be  a  public  record,  and  shall  contain  a  record  of 
each  case  considered  and  the  award  paid  or  allowed  to  any  employe  of  the 
Commission,  or  to  any  other  person  for  services.  Provided,  however,  that 
any  person  in  the  employ  of  the  Commission  who  shall  divulge  any  informa- 
tion secured  by  him  in  respect  to  the  transactions,  property  or  business  of 
any  person,  firm,  company  or  corporation,  association  or  joint  partnership  to 
any  person  other  than  the  members  of  the  Commission,  shall  be  guilty  of  a 
misdemeanor,  and  subject  to  a  fine  of  not  less  than  $100  or  more  than  $500 
or  imprisonment,  not  exceeding  18  months  in  the  discretion  of  the  Court,  and 
shall  thereafter  be  disqualified  from  holding  any  appointment  or  employment 
with  the  Commission.  [1914,  ch.  800,  sec.  4.] 

§  5.  The  Commission  may  employ  a  secretary,  actuaries,  accountants,  in- 
spectors, examiners,  experts,  clerks,  stenographers  and  other  assistants,  and 
fix  their  compensation  subject  to  the  written  approval  of  the  Governor;  such 
compensation  shall  be  paid  out  of  the  appropriation  in  the  State  Treasury 
provided  for  in  this  Article.  The  secretary,  actuaries,  accountants,  inspectors, 
examiners,  experts,  clerks,  stenographers  and  other  assistants  that  may  be 
employed  shall  be  entitled  to  receive  their  actual  necessary  expenses  while 
traveling  on  the  business  of  the  Commission.  Such  expenses  shall  be  item- 
ized and  sworn  to  by  the  person  who  incurred  the  expense,  and  allowed  by  the 
Commission.  The  Commission  shall  keep  and  maintain  its  main  office  and 
such  branch  offices  as  it  shall  dee-m  proper  and  necessary  for  the  administra- 
tion of  the  Article,  and  shall  provide  suitable  rooms,  necessary  office  furni- 
ture, supplies,  books,  periodicals  and  maps  for  the  same.  All  necessary  ex- 
penses shall  be  audited  and  paid  out  of  the  appropriation  in  the  State  Treasury 
provided  for  in  this  Article.  It  shall  provide  itself  with  a  seal  for  the  authen- 
tication of  its  orders,  awards  and  proceedings,  upon  which  shall  be  inscribed 
the  words  "State  Industrial  Accident  Commission,  State  of  Maryland — 
Official  Seal." 

Each  member  of  the  Commission  and  each  person  appointed  to  office  or 
employment  by  the  Commission  shall  before  entering  upon  the  duties  of  his 
office  or  employment  take  and  subscribe  the  constitutional  oath  of  office. 
[1914.  ch.  800,  sec.  5.] 

§  6.  The  Secretary  of  the  Commission  shall  keep  and  maintain  a  full 
and  true  record  of  all  proceedings  of  the  Commission,  of  all  documents  or 
papers  ordered  filed  by  the  Commission  or  by  its  rules,  of  decisions  or  orders 
made  by  any  member  of  the  Commission  and  of  all  decisions  or  orders  made 
by  the  Commission  or  approved  and  confirmed  by  it  and  ordered  filed,  and 
he  shall  be  responsible  to  the  Commission  for  the  safe  custody  and  preserva- 
tion of  all  such  documents  at  its  office.  He  shall  have  the  power  to  admin- 
ister oaths  in  all  parts  of  the  State,  so  far  as  the  exercise  of  such  power  is 
properly  incident  to  the  performance  of  his  duty  or  that  of  the  Commission. 
He  may  designate,  from  time  to  time  with  the  approval  of  the  Commission, 


i8 

one  of  the  clerks  of  the  office  appointed  by  the  Commission  to  exercise  the 
powers  and  duties  of  the  secretary  during  his  absence.  Under  the  direction 
of  the  Commission,  the  secretary  shall  have  general  charge  of  its  office,  super- 
intend its  clerical  business  and  perform  such  other  duties  as  the  Commission 
may  prescribe.  [1914,  ch.  800,  sec.  6.] 

§  7.  Each  member  of  the  Commission,  the  Secretary  thereof,  and  any 
special  examiner  or  inspector  shall  for  the  purpose  contemplated  by  this  Arti- 
cle have  power  to  issue  subpoenas,  compel  the  attendance  of  witnesses,  admin- 
ister oaths,  certify  to  official  acts,  take  depositions  within  or  without  the  State 
of  Maryland  as  now  provided  by  law,  compel  the  production  of  pertinent 
books,  payrolls,  accounts,  papers,  records,  documents  and  testimony. 

If  a  person  in  attendance  before  the  Comimission  or  a  Commisioner 
refuse,  without  reasonable  cause,  to  be  examined  or  to  answer  a  legal 
and  pertinent  question,  or  to  produce  a  book  or  paper  when  ordered  to 
do  so  by  the  Commission,  the  Commission  may  apply  to  any  Judge  of  the 
Supreme  Bench  of  Baltimore  City,  or  of  the  Circuit  Court  of  any  County, 
upon  proof  by  affidavit  of  the  fact,  for  a  rule  or  order  returnable  in  not 
less  than  two  or  more  than  five  days,  directing  such  person  to  show  cause 
before  the  Judge  who  made  the  order,  or  any  other  Judge  aforesaid,  why  he 
should  not  be  committed  to  jail;  upon  the  return  of  such  order,  the  Judge 
before  whom  the  matter  and  such  person  shall  come  on  for  a  hearing  shall 
examine  under  oath  such  person  and  such  person  shall  be  given  an  oppor- 
tunity to  be  heard;  and  if  the  Judge  shall  determine  that  such  person  has 
refused,  without  reasonable  cause  or  legal  excuse,  to  be  examined  or  to 
answer  a  legal  or  pertinent  question,  or  to  produce  a  book  or  paper  which 
he  was  ordered  to  bring  or  produce,  he  may  forthwith  commit  the  offender  to 
jail,  there  to  remain  until  he  submits  to  do  the  act  which  he  was  so  required 
to  do,  or  is  discharged  according  to  law. 

No  person  shall  be  excused  from  testifying  or  from  producing  any 
books  or  papers  or  documents  in  any  investigation  or  inquiry  by  or  upon 
any  hearing  before  the  Commission  or  any  Commissioner,  when  ordered  to 
do  so  by  the  Commission  or  its  Secretary  upon  the  ground  that  the  testi- 
mony or  evidence,  books,  papers,  or  documents  required  of  him  may  tend 
to  incriminate  him  or  subject  him  to  penalty  or  forfeiture;  but  no  person 
shall  be  prosecuted,  punished  or  subjected  to  any  penalty  or  forfeiture  for 
or  on  account  of  any  act,  transaction,  matter  or  thing  concerning  which  he 
shall,  under  oath,  have,  by  order  of  the  Commission  or  a  Commissioner  or 
its  inspector  or  examiner,  testified  to  or  produced  documentary  evidence  of; 
provided,  however,  that  no  person  so  testifying  shall  be  exempt  from  prose- 
cution or  punishment  for  any  perjury  committed  by  him  in  his  testimony. 
[1914,  ch.  800,  sec.  7.] 

§  8.  Each  officer  who  serves  such  subpoena  shall,  receive  the  same  fee  as 
the  Sheriff  would  receive  in  the  county  or  city  where  said  witness  is  sub- 
poenaed, and  each  witness  who  appears  in  obedience  to  a  subpoena,  before  the 
Commission  or  an  inspector  or  an  examiner,  shall  receive  for  his  attendance 
the  fees  and  mileage  provided  for  witnesses  in  civil  cases  in  the  Circuit  Courts 
of  the  Counties  or  the  Comimon  Law  Courts  of  Baltimore  City,  as  of  the 
place  where  he  gives  his  testimony,  which  shall  be  audited  and  paid  from 


19 

the  State  Treasury  in  the  same  manner  as  other  vouchers  approved  by  any 
member  of  the  Commission  and  the  Secretary.  No  witness  subpoenaed  at 
the  instance  of  a  party  other  than  the  Commission,  or  an  inspector  or  ex- 
aminer, shall  be  entitled  to  compensation  from  the  State  Treasury  unless 
the  Commission  shall  certify  that  his  testimony  was  material  to  the  matter 
investigated.  In  an  investigation,  the  Commission  may  cause  depositions  of 
witnesses  residing  within  or  without  the  State  to  be  taken  in  the  manner  pre- 
scribed by  law  for  like  depositions  taken  in  cases  pending  before  the  Circuit 
Courts  of  the  Counties  or  the  Common  Law  Courts  of  Baltimore  City,  as  is 
now  or  hereafter  may  be  provided  by  law.  [1914,  ch.  800,  sec.  8.] 

§  9.  Subject  to  the  provisions  of  this  Article,  the  State  Industrial  Ac- 
cident Commission  shall  adopt  reasonable  and  proper  rules  to  govern  its 
procedure,  which  procedure  shall  be  as  summary  and  simple  as  reasonably 
may  be.  It  shall  regulate  and  provide  for  the  kind  and  character  of  notices, 
and  the  services  thereof,  and  in  cases  of  injury  by  accident  to  employes,  the 
nature  and  extent  of  the  proofs  and  evidence  and  the  method  of  taking  and 
furnishing  the  same  for  the  establishment  of  the  right  to  compensation.  It 
shall  determine  the  nature  and  forms  of  application  of  those  claiming  to  be 
entitled  to  benefits  or  compensation,  and  shall  regulate  the  method  of  making 
investigations,  physical  examinations  and  inspections  and  prescribe  the  time 
within  which  adjudications  and  awards  shall  be  made,  provided,  always, 
that  all  such  rules  and  regulations  shall  conform  to  the  provisions  of  this 
Article.  [1914,  ch.  800,  sec.  9.] 

§  10.  The  Commission  shall  not  be  bound  by  the  usual  common  law  or 
statutory  rules  of  evidence  or  by  any  technical  or  formal  rules  of  procedure, 
other  than  as  herein  provided,  but  may  make  the  investigation  in  such 
manner  as  in  its  judgment  is  best  calculated  to  ascertain  the  substantial 
rights  of  the  parties  and  to  carry  out  justly  the  spirit  of  this  Article.  [1914, 
ch.  800,  sec.  10.] 

§  II.  A  transcribed  copy  of  the  evidence  and  proceedings  or  any  specific 
part  thereof  of  any  investigation  taken  by  a  stenographer  appointed  by  the 
Commission  being  certified  and  sworn  to  by  such  stenographer,  to  be  a  true 
and  correct  transcript  of  the  testimony,  or  of  a  particular  witness,  or  any 
specific  part  thereof,  or  to  be  a  correct  transcript  of  the  proceedings  had  on 
such  investigation  so  purporting  to  be  taken  and  subscribed,  may  be  re- 
ceived in  evidence  by  the  Commission  with  the  same  effect  as  if  such  stenog- 
rapher were  present  and  testified  to  the  facts  certified.  A  copy  of  such 
transcript  shall  be  furnished  on  demand  to  any  party  in  interest  upon  payment 
of  the  fee  therefor,  as  provided  for  transcripts  in  the  Circuit  Courts  of  the 
Counties  or  the  Common  Law  Courts  of  Baltimore  City.  [1914,  ch.  800, 
sec.  ii.] 

§  12.  The  Commission  shall  prepare  and  furnish  free  of  cost  blank  forms 
and  provide  in  its  rules  for  their  distribution'  so  that  the  same  may  be 
readily  available,  of  applications  for  benefits  or  compensation  notices,  to  em- 
ployers, proof  of  injury  or  death,  of  medical  attendance,  of  employment  and 
wage  earnings  and  such  other  blanks  as  may  be  deemed  proper  and  advisable, 
and  it  shall  be  the  duty  of  employers  to  constantly  keep  on  hand  a  sufficient 
supply  of  such  blanks.  [1914,  ch.  800,  sec.  12.] 


20 

§  13-  Annually  on  or  before  the  first  day  of  January  the  State  Industrial 
Accident  Commission  shall  make  a  report  to  the  Governor,  which  shall  include 
a  statement  of  the  number  of  awards  made  by  it,  the  causes  of  the  accidents 
leading  to  the  injuries  for  which  the  awards  were  made,  and  a  detailed  state- 
ment of  the  expenses  of  the  Commission  and  the  condition  of  the  State 
Accident  Fund,  together  with  any  other  matters  which  the  Commission  deems 
proper  to  report  to  the  Governor,  including  any  recommendations  it  may 
desire  to  make.  [1914,  ch.  800,  sec.  13.] 

SUIT.     METHODS  OF  INSURANCE. 

§  14.  [As  amended  by  Chapter  S97,  Acts  of  1916.]  Every  employer 
subject  to  the  provisions  of  this  Article  shall  pay  or  provide  as  re- 
quired herein  compensation  according  to  the  schedules  of  this  Article 
for  the  disability  or  death  of  his  employe  resulting  from  an  acci- 
dental personal  injury  sustained  by  the  employe  arising  out  of  and  in  the 
course  of  his  employment  without  regard  to  fault  as  a  cause  of  such  injury, 
except  where  the  injury  is  occasioned  by  the  wilful  intention  of  the  injured 
employe  to  bring  about  the  injury  or  death  of  himself  or  of  another,  or 
where  the  injury  results  solely  from  the  intoxication  of  the  injured  employe 
while  on  duty.  Where  the  injury  is  occasioned  by  the  wilful  intention  of  the 
injured  employe  to  bring  about  the  injury  or  death  of  himself  or  of  another, 
or  where  the  injury  results  solely  from  the  intoxication  of  the  injured 
employe  while  on  duty,  neither  the  injured  employe  nor  any  dependent  of 
such  employe  shall  receive  compensation  under  this  Article. 

The  liability  prescribed  by  the  last  preceding  paragraph  shall  be  ex- 
clusive, except  that  if  an  employer  fail  to  secure  the  payment  of  compensa- 
tion for  his  injured  employes  and  their  dependents  as  provided  in  this  Article, 
an  injured  employe  or  his  legal  representative  in  case  death  results  from 
the  injury,  may,  at  his  option,  elect  to  claim  compensation  under  this  Article, 
or  to  maintain  an  action  in  the  Courts  for  damages  on  account  of  such 
injury;  and  in  such  an  action  the  defendant  may  not  plead  as  a  defense 
that  the  injury  was  caused  by  the  negligence  of  a  fellow  servant  or  that  the 
employe  assumed  the  risk  of  his  employment,  or  that  the  injury  was  due  to 
the  contributory  negligence  of  the  employe.  If  an  employer,  besides  employ- 
ing workmen  in  extra-hazardous  employment  within  the  meaning  of  this 
Article,  shall  also  employ  workmen  in  employments  not  extra-hazardous, 
the  provisions  of  this  Article  shall  apply  only  to  the  extra-hazardous  employ- 
ments within  the  meaning  of  this  Article  and  the  workmen  employed  therein, 
except  as  provided  in  Section  33  of  this  Article.  [1914,  ch.  800,  sec.  14.] 

§  15.  [As  amended  by  Chapter  597,  Acts  of  1916.]  The  employer  shall 
secure  compensation  to  his  employes  in  one  of  the  following  ways : 

(1)  By  insuring  and  keeping  insured  the  payments  of  such  compensation 
in  the  State  Accident  Fund,  or 

(2)  By  insuring  and  keeping  insured  the  payments  of  such  compensa- 
tion with  any  stock  corporation  or  mutual  association  authorized  to  transact 
the  business  of  Workmen's  Compensation  Insurance  in  this  State. 

(3)  Any  such  employer  who  does  not  with  the  approval  of  said  Corn- 


21 

mission  voluntarily  insure  the  payment  of  the  compensation  by  one  of  the 
methods  designated  in  the  preceding  paragraphs  of  this  section,  must  furnish 
satisfactory  proof  to  the  Commission  of  his  financial  ability  to  pay  such  com- 
pensation himself,  in  which  case  the  Commission  may,  at  any  time  and  from 
time  to  time  in  its  discretion,  require  the  deposit  with  the  Commission  of 
securities,  such  as  are  accepted  by  the  Equity  Courts  of  Baltimore  City  for 
the  investment  of  trust  funds  and  in  an  amount  or  amounts  to  be  determined 
by  the  Commission,  to  secure  the  liability  of  the  employer  to  pay  the  com- 
pensation specified  in  this  Article;  and  in  order  to  be  informed  as  to  the 
continued  financial  responsibilities  of  any  such  employer  the  Commission  may 
require  reports  from  him  annually  or  at  such  other  times  as  the  Commission 
may  deem  necessary  or  advisable  and  may  examine  such  employer  under 
oath  or  make  such  other  examination  of  his  business  as  the  Commission 
may  determine.  If  he  should  fail  to  furnish  such  satisfactory  proof,  or  give 
bond,  or  deposit  such  securities  as  required  by  the  Commission,  or  if  he 
should  at  any  time  fail  to  render  satisfactory  reports  to  the  Commission  or 
otherwise  satisfy  the  Commission  of  his  continued  financial  ability  to  pay 
the  compensation  himself,  he  shall  be  subject  to  the  provisions  of  the  first 
paragraph  of  this  Section  of  this  Article  and  shall  be  required  by  the  Com- 
mission to  insure  as  provided  in  the  first  pargraph  of  said  this  Section,  unless 
he,  at  once,  insure  voluntarily  as  provided  in  the  second  paragraph  of  this 
Section. 

Any  employer,  subject  to  the  provisions  of  this  Article,  who,  after  No- 
vember first,  nineteen  hundred  and  fourteen,  fails  or  refuses  to  submit  to 
said  Commission,  as  provided  in  the  next  succeeding  paragraphs,  the  method 
he  desires  to  adopt  for  assuring  compensation,  or  who  shall  fail  to  secure 
insurance  by  one  of  such  methods,  shall  be  guilty  of  a  'misdemeanor,  and 
shall  be  subject  to  a  fine  of  not  less  than  five  hundred  nor  more  than  five 
thousand  dollars.  The  Court  may,  in  its  discretion,  remit  any  such  penalty, 
provided  the  employer  in  default  assures  the  compensation  as  provided  in 
this  Section ;  and  provided  further  that  he  has  paid  or  secured  to  be  paid  any 
compensation  or  other  benefits  under  this  Article  which  may  have  been 
awarded  against  him.  [1914,  ch.  800,  sec.  15.] 

[*  Any  such  employer  who  may  wish  to  adopt  any  one  of  the  methods 
mentioned  in  the  preceding  paragraphs  for  assuring  the  payment  of  compen- 
sation to  his  employes  and  their  dependents,  shall  first  submit  to  the  State 
Industrial  Accident  Commission  the  method  he  wishes  to  adopt.  The  said 
Commission  may  approve  or  reject  the  method  proposed.  If  rejected,  the 
employer  may  submit  another  method  authorized  under  this  Article.  The 
said  Commission  may  from  time  to  time  revise  or  alter  its  decision  in  ap- 
proving the  election  of  any  employer  to  adopt  any  one  of  the  methods  of 
assuring  payment  of  the  compensation  as  provided  for  in  this  Article,  if 
such  action  is  reasonably  necessary  to  secure  and  safeguard  such  payments 
to  employes  or  for  the  diminishing  and  prevention  of  accidents.  Any  deci- 
sion of  said  Commission  under  this  Section  or  Section  14  of  this  Article 


*These  last  three  paragraphs  were  dropped  out  of  Section  15  as  amended  and  re-enacted 
by  Chapter  597,  Acts  of  1916;  hut  we  have  retained  them,  as  the  paragraph  immediately 
preceding  refers  to  them.  In  the  opinion  of  the  Attorney  for  the  Maryland  State  Indus- 
trial Accident  Commission,  however,  the  last  three  paragraphs  of  Section  15  are  repealed. 


22 

may  be  reviewed  by  writ  of  ccrtiorari  in  the  Circuit  Court  for  the  county  in 
which  the  employer  may  reside  or  in  any  of  the  Common  Law  Courts  of 
Baltimore  City,  if  the  employer  resides  in  Baltimore  City. 

[*Any  employer  subject  to  the  provisions  of  this  Article,  who  fails  or 
refuses  to  insure  voluntarily  the  payment  of  the  compensation  specified  in 
this  Article  to  his  employes  and  their  dependents  through  one  of  the  methods 
of  assurance  of  payment,  mentioned  in  the  second  paragraph  of  this  Section 
of  this  Article,  or  fails  to  furnish  satisfactory  proof  to  the  Commission  of 
his  financial  ability  to  pay  such  compensation  himself,  or  give  bond  or  deposit 
securities  as  aforesaid  shall,  at  any  time  after  November  first,  nineteen 
hundred  and  fourteen,  be  compelled  by  the  Commission  to  insure  to  his  em- 
ployes and  their  dependents  the  payment  of  the  compensation,  specified  in 
this  Article,  by  paying  to  the  State  Treasurer  for  the  use  and  benefit  of  the 
State  Accident  Fund,  hereinafter  authorized  to  be  established,  the  premiums 
or  taxes  levied  and  published  by  the  Commission  for  the  group  of  employ- 
ments, industries  or  works  to  which  such  employer  belongs.  And  any  such 
employer  who  fails  or  refuses  to  so  insure  within  ten  days,  after  being 
ordered  by  the  Commission  to  do  so,  shall  be  liable  to  the  State  in  an  amount 
equal  to  the  premiums  or  taxes  required  of  him  for  six  months'  insurance 
in  the  State  Accident  Fund,  as  a  penalty,  which,  together  with  his  premium 
or  tax  due  the  State  Accident  Fund  for  the  first  six  months,  may  be  collected 
by  the  Commission  in  the  same  manner  and  with  the  same  effect  as  pro- 
vided in  Section  22  of  this  Article  for  the  collection  of  premiums  or  taxes 
in  default. 

[*  In  exercising  the  discretion  conferred  upon  it  by  this  Section  and 
Section  14  of  this  Article,  the  State  Industrial  Accident  Commission  shall 
consider  the  reputation  of  any  insurance  company  or  association,  in  which 
any  such  employer  may  desire  to  insure,  for  promptness  and  fairness  in  the 
settlement  of  compensation  claims,  without  unreasonable  resistance  on  the 
part  of  any  such  insurance  company  or  association,  and  shall  also  consider 
the  financial  strength  of  the  employer,  the  number  of  employes  employed, 
the  degree  of  hazard  to  employes  engaged  in  the  employment,  the  likelihood 
or  danger  of  several  employes  being  injured  or  killed  by  one  and  the  same 
accident,  the  relative  influence,  the  different  methods,  by  which  compensa- 
tion may  be  assured  under  this  Article,  are  likely  to  exert  upon  the  em- 
ployer and  his  employes  for  the  prevention  of  accidents,  and  any  other  facts 
or  conditions  bearing  upon  the  security  and  promptness  of  payment  of  the 
compensation  and  the  prevention  of  accidents.] 

STATE    ACCIDENT    FUND. 

§  16.  [As  amended  by  Chapter  597,  Acts  of  1916.]  The  State  Industrial 
Accident  Commission  is  hereby  authorized  and  directed  to  create  and  estab- 
lish a  fund  to  be  known  as  the  "State  Accident  Fund,"  for  the  purpose  of 
insuring  employers  against  liabilty  under  this  Article  and  to  their  employes 
and  their  dependents  the  payment  of  the  compensation  specified  in  this 


*These  last  three  paragraphs  were  dropped  out  of  Section  15  as  amended  and  re-enacted 
by  Chapter  597,  Acts  of  1916;  but  we  have  retained  them,  as  the  paragraph  immediately 
preceding  refers  to  them.  In  the  opinion  of  the  Attorney  for  the  Maryland  State  Industrial 
Accident  Commission,  however,  the  last  three  paragraphs  of  Section  15  are  repealed. 


23 

Article.  Such  fund  shall  consist  of  all  premiums  or  taxes  received  and  paid 
into  the  fund  and  of  property  and  securities  acquired  and  interest  earned 
through  the  use  of  moneys  belonging  to  the  fund.  Said  fund  shall  be  admin- 
istered by  the  Commission  and  shall  be  applicable  to  the  payment  of  losses 
sustained  on  account  of  insurance  and  to  the  payment  of  expenses  in  the 
manner  provided  in  this  Article.  [1914,  ch.  800,  sec.  16.] 

§  17.  [As  amended  by  Chapter  597,  Acts  of  1916.]  For  the  purpose  of 
creating  such  State  Accident  Fund  each  employer  insured  in  this  Fund  or 
required  to  be  insured  therein  by  this  Article  shall  pay  into  the  State  Treasury 
the  premiums  of  liability  based  upon  and  being  such  percentage  of  the  payroll 
of  such  employer,  as  may  have  been  determined  and  published  by  the  Com- 
mission and  be  then  in  effect.  The  premiums  shall  be  paid  every  four 
months,  and  shall  be  the  prescribed  percentage  of  the  total  wages  paid  to  all 
employes  subject  to  this  Article  for  such  preceding  four  month's  period.  The 
State  Treasurer  shall  issue  his  receipt  for  any  sums  paid  him  hereunder  in 
duplicate,  the  original  to  be  delivered  to  the  person,  firm  or  corporation  or 
other  employer  paying  the  same  and  the  duplicate  filed  with  the  Com- 
mission; provided  however,  that  in  order  to  create  a  fund  available  upon 
the  application  of  this  Article  as  aforesaid  on  November  first,  one  thousand 
nine  hundred  and  fourteen,  the  payments  for  the  months  of  November,  one 
thousand  nine  hundred  and  fourteen,  to  February,  inclusive,  one  thousand 
nine  hundred  and  fifteen,  shall  be  made  on  or  before  November  first,  one 
thousand  nine  hundred  and  fourteen,  and  be  preliminarily  based  upon  the 
payroll  of  the  operations  of  the  first  four  months  of  the  year  one  thousand 
nine  hundred  and  fourteen.  If  any  employer  be  found  to  have  overpaid  for 
such  four  months  he  may  deduct  such  overpayment  from  the  next  succeed- 
ing four  month's  payment  made  to  the  Fund ;  if  any  employer  be  found  to 
have  underpaid  for  such  four  months,  he  shall  pay  the  deficiency  with  the 
payment  made  by  him  after  the  end  of  said  four  months  [1914,  ch.  800, 
sec.  17.] 

§  18.  If  a  single  establishment  of  work  insured  in  the  State  Accident 
Fund  comprises  several  occupations  listed  in  Section  32  of  this  Article,  the 
premium  shall  be  computed  according  to  the  payroll  of  each  occupation,  if 
clearly  separable;  otherwise  an  average  rate  of  premium  shall  be  charged 
for  the  entire  establishment,  taking  into  consideration  the  number  of  em- 
ployes and  the  relative  hazards.  In  computing  the  payroll  the  entire  com- 
pensation received  by  every  workman  employed  in  extra-hazardous  work 
and  insured  in  the  State  Accident  Fund,  within  the  meaning  of  this  Article, 
shall  be  included,  whether  it  be  in  the  form  of  salary,  wage,  piece  work, 
overtime,  or  any  allowance  in  the  way  of  profit-sharing,  premium  or  other- 
wise, and  whether  payable  in  money,  board  or  otherwise.  Provided  the 
money  value  of  board  and  similar  advantages  shall  have  been  fixed  by  parties 
at  the  time  of  hiring.  [1914,  ch.  800,  sec.  18.] 

§  19.  It  shall  be  the  duty  of  the  Commission  to  classify  any  industries 
subject  to  this  Article  mentioned  or  not  mentioned  which  are  insured  in  the 
State  Accident  Fund.  And  the  Commission  shall  have  power  on  or  before 
the  first  day  of  January  of  each  year  to  reclassify  such  industries,  or  oftener, 
if  in  the  opinion  of  the  Commision  the  same  should  be  deemed  just  and  ad- 


24 

vantageous;  or  to  create  additional  classifications  with  respect  to  their  re- 
spective degrees  of  hazard  and  determine  the  risk  of  the  different  classes, 
and  fix  the  rates  of  premium  for  each  class,  according  to  the  risks  of  the 
same  sufficiently  large  to  guarantee  a  workmen's  compensation  fund  from 
year  to  year.  It  shall  be  the  duty  of  the  Commision  in  determining  the  rates, 
in  order  to  create  a  fund  sufficiently  large  to  guarantee  a  workmen's  compen- 
sation fund  from  year  to  year  to  also  re-classify  from  time  to  time  the 
industries  or  occupations  in  order  that  there  may  be  a  flexible  adjustment  of 
the  rates  as  the  hazard  fluctuates,  and  to  use  all  means  in  their  power  through 
the  rate  adjustment  to  lessen  the  opportunities  for  injuries  to  the  workmen. 
The  classification  so  determined  and  the  rates  of  premium  established  shall 
be  applicable  for  such  year;  and  based  on  each  one  hundred  dollars  of  the 
gross  annual  payroll  of  each  employer  in  any  class ;  provided,  also,  that  for 
the  purpose  of  this  Article  the  pay  of  the  employe  partly  within  and  partly 
without  the  State  shall  be  deemed  to  be  such  proportion  of  the  total  pay  of 
such  employe  as  his  service  within  the  State  bears  to  his  services  outside  the 
State.  [1914,  ch.  800,  sec.  19.] 

§  20.  The  Commission  may  establish  and  require  all  employers  insured  in 
the  State  Accident  Fund  to  install  and  maintain  a  uniform  form  payroll. 
The  Commission  shall  ascertain  and  establish  the  amounts  to  be  paid  into  and 
out  of  the  Accident  Fund.  Issue  proper  receipts  for  moneys  received,  and 
certificates  for  benefits  accrued  and  accruing  from  the  State  Accident  Fund. 
[1914,  ch.  800,  sec.  20.] 

§  21.  Every  employer  subject  to  the  operation  and  effect  of  this  Article 
who  shall  insure  in  the  State  Accident  Fund,  shall  every  four  months  submit 
a  report  to  the  Commission  herein  created,  according  to  the  regulations  and 
requirements  it  may  prescribe,  of  his  payroll  for  the  four  months  then 
ending.  A  failure  to  comply  with  this  Section  shall  subject  the  employer 
to  an  extra  contribution  of  one  hundred  dollars  to  be  collected  by  the  Com- 
mission in  a  civil  action  in  its  name.  The  amount  collected  under  this  Section 
shall  be  paid  into  the  State  Accident  Fund. 

Any  employer  who  shall  with  fraudulent  intent  misrepresent  to  the 
Comimission  the  amount  of  payroll  upon  which  the  premium  under  this 
Article  is  based  shall  be  liable  to  the  Commission  in  ten  times  the  amount 
of  the  difference  in  the  premium  paid  and  the  amount,  the  employer  should 
have  paid.  The  liability  to  the  Commission  under  this  provision  shall  be 
enforced  in  a  civil  action  in  the  name  of  the  Comimission.  All  sums  collected 
under  this  Section  shall  be  paid  into  the  State  Accident  Fund.  [1914,  ch. 
800,  sec.  21.] 

§22.  If  an  employer  shall  default  in  any  payment  required  to  be  made 
by  him  to  the  State  Accident  Fund,  the  amount  due  from  him  shall  be  col- 
lected by  civil  action  against  him  in  the  name  of  the  State  of  Maryland,  and 
it  shall  be  the  duty  of  the  Commission  on  the  first  Monday  of  each  month 
after  November  first,  nineteen  hundred  and  fourteen,  to  certify  to  the 
attorney-general  of  the  State  the  names  and  residences,  or  places  of  busi- 
ness of  all  employers  known  to  the  Commission  to  be  in  default  for  such 
payment  or  payments  for  a  longer  period  than  five  days  and  the  amount  due 
from  each  employer,  and  it  shall  then  be  the  duty  of  the  attorney-general 


25 

forthwith  to  bring  or  cause  to  be  brought  against  each  employer  a  civil  action 
in  the  proper  court  for  the  collection  of  such  amount  so  due,  and  the  same 
when  collected,  shall  be  paid  into  the  State  Accident  Fund,  and  each  em- 
ployer's compliance  with  the  provisions  of  this  chapter  requiring  payments  to 
be  made  to  the  State  Accident  Fund. shall  date  from  the  time  of  the  payment 
of  said  money  so  collected  as  aforesaid  to  the  said  Commission  for  credit  to 
the  State  Accident  Fund.  [1914,  ch.  800,  sec.  22.] 

§  23.  Ten  per  centum  of  the  premiums  collected  from  employers  insured 
in  the  State  Accident  Fund  shall  be  set  aside  by  the  Commission  for  the 
creation  of  a  surplus  until  such  surplus  shall  amount  to  the  sum  of  fifty 
thousand  dollars,  and  thereafter  five  per  centum  of  such  premiums  until  such 
time  as  in  the  judgment  of  said  Commission  such  surplus  shall  be  sufficiently 
large  to  cover  the  catastrophe  hazard.  The  Commission  shall  also  set  up  and 
maintain  a  reserve  adequate  to  meet  anticipated  losses  and  carry  all  claims 
and  policies  to  maturity.  [1914,  ch.  800,  sec.  23.] 

§  24.  The  Treasurer  of  the  State  shall  be  'the  custodian  of  the  State  Ac- 
cident Fund  and  all  disbursements  therefrom  shall  be  paid  by  him  upon  order 
or  voucher,  approved  and  signed  by  the  chairman  or  acting  chairman  and 
secretary  of  the  Commission,  and  directed  to  the  Comptroller  of  the  State, 
who  shall  draw  his  warrant  therefor.  It  shall  be  the  duty  of  the  Treasurer 
to  keep  and  maintain  the  fund  herein  created  separate  and  distinct  from 
other  State  funds.  On  and  after  January  ist,  1915,  the  obligation  in  the  bond 
of  the  State  Treasurer  shall  contain  a  provision  securing  the  protection  of 
this  fund.  [1914,  ch.  800,  sec.  24.] 

§  25.  Whenever  and  as  often  as  there  shall  be  in  the  hands  of  the 
Treasurer  any  sum  belonging  to  the  State  Accident  Fund  not  likely,  in  the 
opinion  of  the  Commission,  to  be  required  for  immediate  use,  it  shall  be  the 
duty  of  the  Board  of  Public  Works,  when  called  upon  by  the  Commission, 
to  invest  the  same  in  interest-bearing  securities,  such  as  are  accepted  by  the 
equity  courts  of  Baltimore  City  for  the  investment  of  trust  funds,  and  when 
and  as  it  may  become  necessary  or  expedient  to  use  the  moneys  so  loaned  or 
invested  the  Board  of  Public  Works  shall,  when  called  upon  by  the  Com- 
mission, collect  or  sell  or  otherwise  realize  upon  any  such  loan  or  investment, 
and  any  interest  accruing  upon  any  such  loan  or  investment,  as  well  as  any 
interest  received  upon  the  deposit  of  moneys  belonging  to  said  fund  shall  be 
credited  to  said  fund. 

The  State  Treasurer  may  deposit  any  portion  of  the  State  fund  not 
needed  for  immediate  use,  in  the  manner  and  subject  to  all  the  provisions  of 
law  respecting  the  deposit  of  other  State  funds  by  him.  Interest  earned  by 
such  portion  of  the  State  Accident  Fund  deposited  by  the  State  Treasurer 
shall  be  collected  by  him  and  placed  to  the  credit  of  the  fund.  [1914,  ch.  800, 
sec.  25.] 

§  26.  [As  amended  by  Chapter  379,  Acts  of  1916.]  Any  employer,  after^ 
entering  the  State  Accident  Fund  may  withdraw  from  said  fund  after  the 
period  of  one  year  upon  giving  sixty  (60)  days'  notice  of  his  intention  so  to 
do  and  upon  paying  all  arrears,  if  any,  of  premiums  due  the  said  fund,  and 
upon  assuring  compensation  to  his  employes  by  one  of  the  other  methods 
specified  in  the  Article.  [1914,  ch.  800,  sec.  26.] 


26 

§27.  [As  amended  by  Chapter  597,  Acts  of  1916.]  The  entire  expense 
of  conducting  and  administering  the  State  Accident  Fund  as  likewise  all 
other  expenses  of  the  State  Industrial  Accident  Commission  shall  be  paid  in 
the  first  instance  by  the  State  out  of  the  moneys  appropriated  for  the  main- 
tenance of  the  State  Industrial  Accident  Commission  and  the  payment  of  the 
salaries  and  expenses  of  said  Commission  and  its  officers  and  employes.  In 
the  month  of  January,  nineteen  hundred  and  eighteen,  and  annually  there- 
after in  such  month,  the  Commission  shall  ascertain  the  just  expense 
incurred  by  the  Commission  during  the  preceding  calendar  year,  in  con- 
ducting and  in  the  administration  of  the  State  Accident  Fund,  by  in- 
cluding the  salaries  of  the  Superintendent  of  said  fund  and  such  other 
employes  of  the  Commission  whose  services  were  rendered  exclusively 
for  said  fund;  and  the  amount  of  such  salaries  and  expenses  shall 
be  chargeable  to .  the  State  Accident  Fund.  And  if  there  be  employes 
of  the  Commission,  other  than  the  members  themselves  and  the  Sec- 
retary, whose  time  is  devoted  partly  to  the  general  work  of  the  Commis- 
sion and  partly  to  the  work  of  the  State  Accident  Fund,  and  in  case  there  are 
any  other  expenses  which  are  incurred  jointly  on  behalf  of  the  general  work 
of  the  Commission  and  the  State  Accident  Fund,  an  equitable  apportionment 
of  the  salaries  of  such  employees  and  expenses  shall  be  made  by  the  Com- 
mission and  the  part  thereof  which  is  applicable  to  the  State  Accident  Fund 
shall  likewise  be  chargeable  thereto ;  and  the  Commission  shall  authorize,  in 
the  same  manner  as  other  disbursements  from  the  State  Accident  Fund  are 
authorized,  the  whole  amount  so  chargeable  to  the  State  Accident  Fund  to 
be  transferred  from  said  fund  by  the  treasurer  to  the  State  Treasury  to 
reimburse  the  State  for  the  moneys  so  appropriated  and  expended  in  con- 
ducting and  administering  the  State  Accident  Fund  for  the  calendar  year 
ending  December  thirty-first,  nineteen  hundred  and  seventeen  and  for  each 
calendar  year  thereafter. 

As  soon  as  practicable  after  January  first,  nineteen  hundred  and  eighteen, 
and  annually  thereafter,  the  Commission  shall  ascertain  as  fully  and  accu- 
rately as  possible  the  total  payroll  of  all  the  employers  of  this  State,  subject 
to  the  provisions  of  this  Article,  for  the  preceding  calendar  year,  whether 
insured  in  the  State  Accident  Fund,  any  stock  company,  or  mutual  association, 
or  self-insured,  and  shall  also  calculate  and  ascertain  the  amount  paid  by 
the  State  for  administrative  expenses  of  the  State  Industrial  Accident  Com- 
mission during  said  preceding  calendar  year,  excluding  the  amount  charge- 
able to  the  State  Accident  Fund  under  the  preceding  paragraph  of  this  sec- 
tion. The  Commission  shall  then  calculate  and  determine  the  percentage 
which  the  total  amount  of  such  salaries  and  expenses,  other  than  the  amount 
chargeable  to  the  State  Accident  Fund,  bore  to  the  total  payroll,  ascertained 
as  aforesaid  for  that  year,  of  all  the  employers  of  this  State  subject  to  the 
provisions  of  this  Article;  and  the  percentage  so  calculated  and  determined 
shall  be  assessed  against  all  such  employers  .carrying  their  own  insurance  in 
proportion  to  their  several  payrolls,  and  all  insurance  carriers,  including 
the  State  Accident  Fund,  in  proportion  to  the  aggregate  payroll  of  employers 
insured  therewith,  as  a  special  tax  for  the  maintenance  of  the  State  Indus- 
trial Accident  Commission,  other  than  for  conducting  and  administering 


27 

the  State  Accident  Fund,  for  the  calendar  year  ending  December  thirty-first, 
nineteen  hundred  and  seventeen  and  for  each  calendar  year  thereafter ;  pro- 
vided, however,  that  the  total  amount  to  be  assessed  against  and  paid  by  such 
insurance  carriers  and  self-insurers  shall  not  exceed  sixty  thousand  dollars 
for  any  one  year. 

Payment  of  said  taxes  may  be  enforced  by  civil  action  in  the  name  of 
the  State  of  Maryland,  and  the  amounts  so  assessed  and  collected  by  the 
Commission  shall  be  paid  into  the  State  Treasury  to  reimburse  the  State  for 
this  portion  of  the  expense  of  administering  the  Workmen's  Compensation 
Law.  And  the  Commission  shall  be  and  it  is  hereby  clothed  with  such  power 
and  authority  to  examine  payrolls  and  require  reports  from  employers  and 
insurance  carriers  as  may  be  reasonable  and  necessary  to  carry  out  the  pro- 
visions of  this  section  and  to  adopt  rules  and  regulations  in  regard  thereto. 
[1914,  ch.  800,  sec.  27.] 

§28.  If  this  Article  shall  be  hereafter  repealed,  all  moneys  which  are 
in  the  State  Accident  Fund  at  the  time  of  the  repeal  shall  be  subject  to  such 
disposition  as  may  be  provided  by  the  Legislature,  and  in  default  of  such 
legislative  provision,  distribution  thereof  shall  be  in  accordance  with  the 
justice  of  the  matter,  due  regard  being  had  to  obligations  of  compensation 
incurred  and  existing.  [1914,  ch.  800,  sec.  28.] 

CORPORATE    INSURANCE. 

§  29.  Every  policy  for  the  insurance  of  the  compensation  herein  pro- 
vided for,  or  against  liability  therefor,  shall  be  deemed  to  be  made  subject 
to  the  provisions  of  this  Article.  No  company  or  association  shall  enter  into 
any  such. policy  of  insurance  until  such  company  or  association  shall  first 
obtain  from  the  Insurance  Commissioner  of  Maryland  a  license  of  authority 
for  the  purpose,  which  said  Commissioner  of  Insurance  shall  have  full  power 
and  authority  from  time  to  time  to  determine  the  adequacy  of  its  or  their 
premium  rates  for  carrying  compensation  insurance  as  provided  in  this  law, 
and  until  the  form  of  such  policy  shall  have  been  approved  by  the  State 
Industrial  Accident  Commission ;  and  said  Insurance  Commissioner  shall 
have  full  power  and  authority  to  require  said  insurance  companies  to  estab- 
lish and  maintain  adequate  rates  to  cover  respective  risks  to  which  their 
policies  are  applicable  under  the  provisions  of  this  Article.  Any  person  vio- 
lating the  provisions  of  this  Section  shall  be  subject  to  a  fine  of  not  less  than 
one  hundred  nor  more  than  one  thousand  dollars  for  each  offense.  [1914,  ch. 
800,  sec.  29.] 

§  30.  Every  policy  of  insurance  covering  the  liability  of  the  employer  for 
compensation  issued  by  a  stock  company  or  by  a  mutual  association  author- 
ized to  transact  workmen's  compensation  insurance  in  this  State,  shall  con- 
tain a  provision  setting  forth  the  right  of  the  Commission  to  enforce  in  the 
name  of  the  State  of  Maryland  for  the  benefit  of  the  person  entitled  to  the 
compensation  insured  by  the  policy  either  by  filing  a  separate  application  or 
by  making  the  insurance  carrier  a  party  to  the  original  application,  the  liability 
of  the  insurance  carrier  in  whole  or  in  part  for  the  payment  of  such  com- 
pensation ;  provided,  however,  that  payment  in  whole  or  in  part  of  such  com- 


pensation  by  either  the  employer  or  the  insurance  carrier  shall  to  the  extent 
thereof  be  a  bar  to  the  recovery  against  the  other  of  the  amount  so  paid. 

Every  such  policy  shall  contain  a  provision  that,  as  between  the  employe 
and  the  insurance  carrier,  the  notice  to  or  knowledge  of  the  occurrence  of 
the  injury  on  the  part  of  the  employer  shall  be  deemed  notice  or  knowledge, 
as  the  case  may  be,  on  the  part  of  the  insurance  carrier;  the  jursidiction  of 
the  employer  shall,  for  the  purpose  of  this  Article,  be  jurisdiction  of  the 
insurance  carrier  and  that  the  insurance  carrier  shall  in  all  things  be  bound 
by  and  subject  to  the  orders,  findings,  decisions  or  awards  rendered  against 
the  employer  for  the  payment  of  compensation  under  the  provisions  of  this 
Article. 

Every  such  policy  shall  contain  a  provision  to  the  effect  that  the  in- 
solvency or  brankruptcy  of  the  employer  shall  not  relieve  the  insurance  carrier 
from  the  payment  of  -compensation  for  injuries  or  death  sustained  by  an 
employe  during  the  life  of  such  policy. 

Every  contract  or  agreement  .of  an  employer  the  purpose  of  which  is  to 
indemnify  him  from  loss  or  damage  on  account  of  the  injury  of  an  employe 
by  accidental  means,  or  on  account  of  the  negligence  of  such  employer  or  his 
officer,  agent  or  servant,  if  engaged  in  extra-hazardous  employment,  shall 
be  absolutely  void  unless  it  shall  also  cover  liability  for  the  payment  of  the 
compensation  provided  for  by  this  Article. 

No  contract  or  insurance  issued  by  a  stock  company  or  mutual  association 
against  liability  arising  under  this  Article  shall  be  cancelled  within  the  time 
limited  in  'such  contract  for  its  expiration  until  at  least  ten  days  after  notice 
of  intention  to  cancel  such  contract,  on  a  date  specified  in  such  notice,  shall 
be  filed  in  the  office  of  the  Commission  and  also  served  on  the  employer. 
Such  notice  shall  be  served  on  the  employer  by  delivering  it  to  him  or  by 
sending  it  by  mail,  by  registered  letter,  addressed  to  the  employer  at  his  or  its 
last  known  place  of  residence;  provided,  that  if  the  employer  be  a  partnership, 
then  such  notice  may  be  so  given  to  any  one  of  the  partners,  and  if  the 
employer  be  a  corporation,  then  the  notice  may  be  given  to  any  agent  or  officer 
of  the  corporation  upon  whom  legal  process  may  be  served.  [1914,  ch.  800, 
sec.  30.] 

§  31.  Nothing  herein  shall  affect  any  existing  contract  of  policy  of  em- 
ployer's liability  insurance  or  the  liability  of  any  mutual  insurance  association, 
or  any  arrangement  now  existing  between  employers  and  employes,  providing 
for  the  payment  to  such  employes,  their  families,  dependents  or  representa- 
tives of  sick,  accident  or  death  benefits  in  addition  to  the  compensation  pro- 
vided for  by  this  Article ;  but  liability  for  the  compensation  specified  in  this 
Article  shall  not  be  reduced  or  affected  by  any  insurance,  contribution  or 
other  benefit  whatsoever,  due  to  or  received  by  the  person  entitled  to  such 
compensation,  and  the  person  so  entitled  shall,  irrespective  of  any  such  in- 
surance or  other  contract,  have  the  right  to  recover  the  compensation  directly 
from  the  employer.  [1914,  ch.  800,  sec.  31.] 


29 

APPLICATION    OF   ARTICLE;    EXTRA-HAZARDOUS 
EMPLOYMENTS. 

§  32.  [As  amended  by  Chapter  597,  Acts  of  1916.]  Compensation  pro- 
vided for  in  this  Article  shall  be  payable  for  injuries  sustained  or  death 
incurred  by  employes  engaged  in  the  following  extra-hazardous  employments : 

1.  The  operation,  including  construction  and  repair,  of  railways  operated 
by  steam,  electric  or  other  motive  power,  street  railways  and  incline  railways, 
but  not  in  their  construction  when  constructed  by  any  person  other  than  the 
company  which  owns  or  operates  the  railways,  including  work  of  express, 
sleeping,  parlor  and  dining  car  employes  on  railway  trains. 

2.  Construction  and  operation  of  railways  not  included  in  parargraph 
one. 

3.  The  operation,  including  construction  and  repair,  of  car  shops,  ma- 
chine shops,  steam  and  power  plants,  and  other  works  for  the  purposes  of  any 
such  railway,  or  used  or  to  be  used  in  connection  with  it  when  operated,  con- 
structed or  repaired  by  the  company  which  owns  or  operates  the  railway. 

4.  The    operation,    including    construction    and    repair,    of    car    shops, 
machine  shops,  steam  and  power  plants,  not  included  in  paragraph  3. 

5.  The  operation,  including  construction  and  repair,  of  telephone  lines- 
and  wires  for  the  purposes  of  the  business  of  a  telephone  company,  or  used 
or  to  be  used  in  connection  with  its  business,  when  constructed  or  operated 
by  the  company. 

6.  The  operation,  including  construction  and  repair,  of  telegraph  lines 
and  wires  for  the  purposes  of  the  business  of  a  telegraph  company,  or  used 
or  to  be  used  in  connection  with  its  business,  when  constructed  or  operated 
by  the  company. 

7.  Construction  of  telegraph'  and  telephone  lines  not  included  in  para- 
graphs 5  and  6. 

8.  The  operation,  within  or  without  the  State,  including  repair,  of  vessels 
other  than  vessels  of  other  states  or  countries  used  in  interstate  or  foreign 
commerce,  when  operated  or  repaired  by  the  company. 

9.  Shipbuilding,    including  construction   and   repair   in   a   ship   yard    or 
elsewhere,  not  included  in  paragraph  8. 

10.  Longshore  work,  including  the  loading  or  unloading  of  cargoes  or 
parts  of  cargoes  of  grain,  coal,   ore,  freight,  general  merchandise,  lumber 
or  other  products  or  materials,  or  moving  or  handling  the   same  on   any 
dock,  platform  or  place,  or  in  any  warehouse  or  other  place  of  storage. 

11.  Subaqueous  or  caisson  construction  and  pile  driving. 

12.  Construction,  installation  or  operation  of  electric  light  and  electric 
power  lines,  dynamos  or  appliances  and  power  transmission  lines. 

13.  Paving,   sewer  and   subway   construction,    work   under   compressed 
air.  excavation,  tunneling  and  shaft  sinking,  well  digging,  laying  and  repair 
of  underground  pipes,  cables  and  wires,  not  included  in  paragraph  5  of  -this 
Section. 

14.  Lumbering,    logging,    river-driving,    rafting,    booming,,    saw    mills, 
shingle  mills,  lath  mills,  manufacture  of  veneer  and  of  excelsior,  manufacture 
of  staves,  spokes  or  headings. 


30 

15-     Pulp  and  paper  mills. 

16.  Manufacture  of  furniture,  interior  woodwork,  organs,  pianos,  piano 
actions,  canoes,  small  boats,  coffins,  wicker  and  rattan  ware,   upholstering, 
manufacture  of  mattresses  or  bed  springs. 

17.  Planing   mills,    sash   and    door    factories,   manufacture    of   wooden 
and  corrugated   paper  boxes,   cheese   boxes,   mouldings,    window   and   door 
screens,  window  shades,  carpet  sweepers,  wooden  toys,   articles  and  wares 
or  baskets. 

18.  Mining,  reduction  of  ores  and  smelting,  preparation  of  metals  or 
minerals. 

19.  Quarries;  sand,  shale,  clay  or  gravel  pits,  lime  kilns;  manufacture  of 
brick,  tile,  terra-cotta,  fire-proofing,  or  paving  blocks,   manufacture  of  cal- 
cium carbide,  cement,  asphalt  or  paving  material. 

20.  Manufacture  of  glass,  glass  products,  glassware,  porcelain  or  pot- 
tery. 

21.  Iron,  steel  or  metal  foundries;  rolling  mills;  manufacture  of  cast- 
ings, forgings,  heavy  engines,  locomotives,  machinery,  safes,  anchors,  cables, 
rails,   shafting,   wires,   tubing,   pipes,   sheet  metal,   boilers,   furnaces,   stoves, 
structural  steel,  iron  or  metal. 

22.  Operation    and    repair    of    stationary   engines   and   boilers,    not    in- 
cluded in  other  paragraphs  of  this  section. 

23.  Manufacture   of   small   castings   or   forgings,   metal    wares,    instru- 
ments, utensils  and  articles,  hardware,  nails,  wire  goods,  screens,  bolts,  metal 
beds,  sanitary,  water,  gas  or  electric  fixtures,  light  machines,  type-writers,  cash 
registers,   adding  machines,  carriage  mountings,  bicycles,  metal  toys,  tools, 
cutlery,  instruments,  photographic  cameras  and  supplies,  sheet  metal  products, 
buttons. 

24.  Manufacture  of  agricultural  implements,  threshing  machines,  trac- 
tion engines,  wagons,  carriages,  sleighs,  vehicles,  automobiles,  motor  trucks, 
toy  wagons,  sleighs  or  baby  carriages. 

.  25.  Manufacture  of  explosives  and  dangerous  chemicals,  corrosive  acids 
or  salts,  ammonia,  gasoline,  petroleum,  petroleum  products,  celluloid,  gas, 
charcoal,  gun  powder  or  ammunition. 

26.  Manufacture  of  paint,  color,  varnish,  oil,  japans,  turpentine,  print- 
ing ink,  printers'  rollers,  tar,  tarred,  pitched  or  asphalted  paper. 

27.  Distilleries,  breweries;  manufacture  of  spirituous   or  malt  liquors, 
alcohol,  wine,  mineral  water  or  soda  waters. 

28.  Manufacture  of  drugs  and  chemicals,  not  specified  in  paragraph  25, 
medicines,  dyes,  extracts,  pharmaceutical  or  toilet  preparations,  soaps,  candles, 
perfumes,  non-corrosive  acids  or  chemical  preparations,   fertilizers,  includ- 
ing garbage  disposal  plants ;  shoe-blacking  or  polish. 

29.  Milling;  manufacture  of  cereals  or  cattle  foods,  warehousing;  stor- 
age ;  operation  of  grain  elevators. 

30.  Packing  houses,  abattoirs,  manufacture  or  preparation  of  meats  or 
meat  products  or  glue. 

31.  Tanneries. 

32.  Manufacture  of  leather  goods  and  products,  belting,  saddlery,  har- 


31 

ness,  trunks,  valises,  boots,   shoes,  gloves,  umbrellas,  rubber  goods,   rubber 
shoes,  tubing,  tire  or  hose. 

33.  Canning  or  preparation  of  fruit,  vegetables,  fish  or  foodstuffs ;  pickle 
factories  and  sugar  refineries. 

34.  Bakeries,  including  'manufacture  of  crackers  and  biscuits,  manufac- 
ture of  confectioner}',  spices  or  condiments. 

35.  Manufacture  of  tobacco,  cigars,  cigarettes  or  tobacco  products. 

36.  Manufacture  of  cordage,  ropes,  fibre,  brooms  or  brushes ;  manilla  or 
hemp  products. 

37.  Flax  mills ;  manufacture  of  textiles  or  fabrics,  spinning,  weaving  and 
knitting  manufactories ;  manufacture  of  yarn,  thread,  hosiery,  cloth,  blankets, 
carpets,  canvas,  bags,  shoddy  or  felt. 

38.  Manufacture  of  men's  or  women's  clothing,  white  wear,  shirts,  col- 
lars, corsets,  hats,  caps,  furs  or  robes. 

39.  Power  laundries ;  dyeing,  cleaning  or  bleaching. 

40.  Printing,  photo-engraving,  stereotyping,  electrotyping,  lithographing, 
embossing;  manufacture  of  stationery,  paper,  cardboard  boxes,  bags,  or  wa-11 
paper ;  and  book-binding. 

41.  The  operation,  otherwise  than  on  tracks,  on  streets,  highways,  or 
elsewhere  of  cars,  trucks,  wagons  or  other  vehicles,  and  rollers  and  engines, 
propelled  by  steam,  gas,  gasoline,   electric,   mechanical  or   other  power,  or 
drawn  by  horses  and  mules. 

42.  Stone  cutting  or  dressing;  marble  works;  manufacture  of  artificial 
stone ;  steel  building  and  bridge  construction ;   installation  of  elevators,  fire 
escapes,  boilers,  engines  or  heavy  machinery ;  brick-laying,  tile-laying,  mason 
work,  stone  setting,  concrete  work,  plastering;  and  manufacture  of  concrete 
blocks;  structural  carpentry;  painting,  decorating  or  renovating;  sheet  metal 
work;  roofing;  construction,  repair  and  demolition  of  buildings  and  bridges; 
plumbing,  sanitary  or  heating  engineering;  installation  and  covering  of  pipes 
or  boilers. 

43.  In  addition  to  the  employments  set  out  in  the  preceding  paragraphs, 
this  Article  is  intended  to  apply  to  all  extra-hazardous  employments  not 
specifically  enumerated  herein.  [1914,  ch.  800,  sec.  32.] 

§33.  Any  employer,  his  employe  or  employes  engaged  in  works  not 
extra-hazardous  within  the  meaning  of  this  Article  may,  by  their  joint  election, 
filed  with  the'  Commission,  accept  the  provisions  of  this  Article  and  such 
acceptances  when  approved  by  the  Commission,  shall  subject  them  to  the 
provisions  of  this  Article  to  all  intents  and  purposes  as  if  they  had  been 
originally  included  in  its  terms. 

Any  workman  of  the  age  of  sixteen  years  and  upwards  may  himself 
exercise  the  election  hereby  authorized.  The  right  of  election  hereby  author- 
ized shall  be  exercised  on  behalf  of  any  workman  under  the  age  of  sixteen 
years  by  his  parent  or  guardian.  Nothing  herein  shall  be  construed  to  apply 
to  workmen  of  less  than  the  minimum  age  prescribed  by  law  for  the  employ- 
ment of  minors  in  the  occupation  in  which  such  workman  shall  be  engaged. 

The  provisions  of  this  Article  shall  apply  to  employers  and  employes 
engaged  in  intra-state  and  also  in  interstate  or  foreign  commerce  for  whom 
a  rule  of  liability  or  method  of  compensation  has  been  or  may  be  established 


by  the  Congress  of  the  United  States,  only  to  the  extent  that  their  mutual 
connection  with  intra-state  work  may  and  shall  be  clearly  separable  and  dis- 
tinguishable from  interstate  or  foreign  commerce,  except  that  any  such  em- 
ployer and  any  of  his  workmen  only  in  this  State  may,  with  the  approval 
of  the  Commission,  and  so  far  as  not  forbidden  by  any  Act  of  Congress,  vol- 
untarily accept  the  provisions  of  this  Article  by  filing  written  acceptances 
with  the  Commission,  which  shall  subject  the  acceptors  to  the  provisions  of 
this  Article  to  all  intents  and  purposes  as  if  they  had  been  originally  in- 
cluded in  its  terms.  [1914,  ch.  800,  sec.  33.] 

§34,  Whenever  there  shall  have  been  enacted  by  the  Congress  of  the 
United  States  and  shall  be  in  effect  any  act  providing  an  exclusive  remedy  and 
compensation  to  employes  of  common  carriers  by  railroad  while  employed 
in  interstate  or  foreign  commerce  who  sustain  personal  injury  by  accident 
arising  out  of  and  in  the  course  of  such  employment  and  resulting  in  dis- 
ability, or  to  the  dependents  of  such  employes  in  case  such  injury  results  in 
death,  it  shall  be  lawful  for  any  such  common  carrier  by  railroad  in  this 
State  and  its  employes  or  any  of  them,  by  agreement  between  such  employer 
and  employes,  to  provide  for  the  payment  by  the  employer  of  compensation 
in  the  amounts  at  the  times  and  in  the  manner  specified  in  said  Act  of  Con- 
gress to  any  employe  who,  while  employed  by  such  employer  in  commerce  or 
business  wholly  within  this  State,  sustains  personal  injury  by  accident 
arising  out  of  and  in  the  course  of  his  employment  and  resulting  in  his  dis- 
ability, or  to  the  dependents,  as  defined  in  said  Act  of  Congress,  of  such 
employe  in  case  such  injury  results  in  his  death;  and  in  and  by  such  agreement 
to  stipulate  and  agree  that,  except  as  provided  therein,  such  employer  shall  not 
be  civilly  liable  for  any  injury  to  or  death  of  any  such  employe  resulting  from 
any  such  accident. 

If  any  such  employer  shall  file  with  the  Commission  an  instrument  in 
writing  under  its  corporate  seal  offering  to  enter  into  such  an  agreement 
with  all  and  any  of  its  employes  in  this  State  and  referring  to  such  Act  of 
Congress,  and  shall  cause  notice  of  such  offer  filed  to  be  published  once  each 
week  for  three  successive  weeks  following  the  date  of  such  filing  in  a  news- 
paper published  in  each  County  in  this  State  through  which  such  employer 
runs  regularly  any  freight  or  passenger  train,  and  in  two  newspapers  pub- 
lished in  the  City  of  Baltimore,  if  such  employer  runs  regularly  any  freight 
or  passenger  train  into  or  through  said  City,  every  employe  of  -such  employer 
shall  be  conclusively  presumed  to  accept  such  offer  of  the  employer  and  to 
have  entered  into  such  agreement,  unless  such  employe  shall,  within  thirty 
days  after  the  filing  of  such  offer  by  the  employer,  file  with  the  Commission 
a  notice  in  writing  or  statement  declining  such  offer ;  and  at  the  expiration  of 
said  period  of  thirty  days  the  terms  of  said  agreement  shall  be  mutually 
binding  upon  the  employer  and  upon  every  employe  not  so  declining,  but  any 
employe  or  the  employer  may  at  any  time  by  filing  with  the  Commission  not 
less  than  thirty  days'  notice  in  writing  of  his  or  its  intention  so  to  do,  ter- 
minate such  agreement  upon  his  or  its  part  as  to  all  accidental  injuries 
occurring  after  the  expiration  of  such  notice.  [1914,  ch.  800,  sec.  33^.] 

§  35.  Whenever  the  State,  County,  City  or  any  municipality  shall  engage 
in  any  extra-hazardous  work  within  the  meaning  of  this  Article  in  which 


33 
/  « 

workmen  are  employed  for  wages,  this  Article  shall  be  applicable  thereto. 
Whenever  and  so  long  as  by  State  law,  City  Charter  or  Municipal  Ordinance, 
provision  equal  or  better  than  that  given  under  the  terms  of  this  Article  is 
made  for  municipal  employes  injured  in  the  course  of  employment  such 
employes  shall  not  be  entitled  to  the  benefits  of  this  Article.  [1914,  ch.  800, 
sec.  34.] 

CLAIMS  AND  COMPENSATION;  BENEFITS. 
§36.  [As  amended  by  Chapters  368  and  597,  Acts  of  1916.]  Each  em- 
ploye (or  in  case  of  death  his  family  or  dependents),  entitled  to  receive 
compensation  under  this  Article  shall  receive  the  same  in  accordance  with 
the  following  schedule,  and  except  as  in  this  Article  otherwise  provided,  such 
payment  shall  be  in  lieu  of  any  and  all  rights  of  action  whatsoever  against 
any  person  whomsoever. 

1.  Permanent  total  disability.    In  case  of  total  disability  adjudged  to  be 
permanent  fifty  per  centum  of  the  average  weekly  wages  shall  be  paid  to  the 
employe  during  the  continuance  of  such  total  disability,  excursive  of  the  first 
week,  not  to  exceed  a  maximum  of  twelve  dollars  per  week  and  not  less  than 
a  minimum  of  five  dollars  per  week  unless  the  employe's  established  weekly 
wages  are  less  than  five  dollars  per  week  at  the  time  of  the  injury,  in  which 
event  he  shall  receive  compensation  in  an  amount  equal  to  his  average  weekly 
wages,  but  not  to  exceed  a  total  of  $5,000.00.     Loss  of  both  hands,  or  both 
arms,  or  both  feet  or  both  legs,  or  both  eyes  or  of  any  two  thereof  shall,  in  the 
absence  of  conclusive  proof  to  the  contrary,  constitute  permanent  total  dis- 
ability.   In  all  other  cases  permanent  total  disability  shall  be  determined  in 
accordance  with  the  facts. 

2.  Temporary  total  disability.    In  case  of  temporary  total  disability  fifty 
per  centum  of  the  average  weekly  wages  shall  be  paid  to  the  employe  during 
the  continuance  thereof,  but  not  in  excess  of  a  maximum  of  twelve  dollars 
per  week  and  not  less  than  a  minimum  of  five  dollars  per  week,  in  which  event 
he  shall  receive  compensation  equal  to  his  full  wages ;  but  in  no  case  to  con- 
tinue more  than  six  years  from  the  date  of  the  injury  or  to  exceed  thirty- 
seven  hundred  and  fifty  dollars  in  the  aggregate. 

3.  Permanent  partial  disability.    In  case  of  disability  partial  in  character 
but  permanent  in  quality  the  compensation  shall  be  fifty  per  centum  of  the 
average  weekly  wages  in  no  case  to  exceed  twelve  dollars  per  week  or  more 
than  three  thousand  dollars  in  the  aggregate,  and  shall  be  paid  to  the  employes 
for  the  period  named  in  the  schedule  as  follows : 

Thumb.    For  the  loss  of  a  thumb — fifty  weeks. 

First  Finger.  For  the  loss  of  a  first  finger,  commonly  called  the  index 
finger — thirty  weeks. 

Second  Finger.     For  the  loss  of  a  second  finger — twenty-five  weeks. 

Third  Finger.     For  the  loss  of  a  third  finger — twenty  weeks. 

Fourth  Finger.  For  the  loss  of  a  fourth, finger,  commonly  called  the  little 
finger — fifteen  weeks. 

The  loss  of  the  second  or  distal  phalange  of  the  thumb  shall  be  considered 
to  be  equal  to  the  loss  of  one-half  of  such  thumb ;  the  loss  of  more  than  one- 
half  of  such  thumb  shall  be  considered  to  be  equal  to  the  loss  of  the  whole 
thumb.  The  loss  of  the  third  or  distal  phalange  of  any  finger  shall  be  con- 


34 

sidered  to  be  equal  to  the  loss  of  one-third  of  such  finger.  The  loss  of  the 
middle  or  second  phalange  of  any  finger  shall  be  considered  to  be  equal  to 
the  loss  of  two-thirds  of  such  finger.  The  loss  of  more  than  the  middle  and 
distal  phalange  of  any  finger  shall  be  considered  to  be  equal  to  the  loss  of  the 
whole  of  such  finger;  provided,  however,  that  in  no  case  shall  the  amount 
received  for  more  than  one  finger  exceed  the  amount  provided  in  this  schedule 
for  the  loss  of  a  hand. 

Great  Toe.     For  the  loss  of  the  great  toe — twenty-five  weeks. 

Other  Toes.  For  the  loss  of  t>ne  of  the  toes  other  than  the  great  toe — 
ten  weeks. 

Hand.     For  the  loss  of  a  hand — one  hundred  and  fifty  weeks. 

Arm.    For  the  loss  of  an  arm — two  hundred  weeks. 

Foot.    For  the  loss  of  a  foot — one  hundred  and  fifty  weeks. 

Leg.     For  the  loss  of  a  leg — one  hundred  and  seventy-five  weeks. 

Eye.    For  ti^loss  of  an  eye — one  hundred  weeks. 

Loss  of  Us^^Ptet4rument  loss  of  the  use  of  the  hand,  arm,  foot,  leg  or 
eye  shall  be  considered  as itrie^Jlriu^ent  of  the  loss  of  such  hand,  arm,  foot,. 
leg  or  eye,  and  for  the  loss  of  the  fractional  part  of  the  vision  of  either  one 
or  both  eyes  the  injured  employe  shall  be  compensated  in  like  proportion  to 
the  compensation  for  total  loss  of  vision. 

Amputations.  Amputation  between  the.  elbow  and  the  wrist  shall  be  con- 
sidered as  the  equivalent  of  the  loss  of  a  hand.  Amputation  between  the  knee 
and  the  ankle  shall  be  consideraded  as  the  equivalent  of  the  loss  of  a  foot. 
Amputation  at  or  above  the  elbow  shall  be  considered  as  the  loss  of  an  arm. 
Amputation  at  or  above  the  knee  shall  be  considered  as  the  loss  of  the  leg. 

The  compensation  for  the  foregoing  specific  injuries  shall  be  in  lieu  of 
all  other  compensations,  except  the  benefits  provided  in  Section  37  of  this 
Article. 

Other  Cases.  In  all  other  cases  in  this  class  of  disability  the  compensa- 
tion shall  be  fifty  per  centum  of  the  difference  between  his  average  weekly 
wages  and  his  wage-earning  capacity  thereafter  in  the  same  employment  or 
otherwise,  if  less  than  before  the  accident  (but  not  to  exceed  twelve  dollars 
per  week),  payable  during  the  continuance  of  such  partial  disability,  but  not 
to  exceed  $3,000.00,  and  subject  to  reconsideration  of  the  degree  of  such  im- 
pairment by  the  commission  on  its  own  motion  or  upon  application  of  any 
party  in  interest. 

In  all  cases  where  there  has  been  an  amputation  of  a  part  of  any  member 
of  the  body  herein  specified  or  the  loss  of  the  use  of  any  part  thereof,  for 
which  compensation  is  not  specifically  provided  herein,  the  Commission  shall 
allow  compensation  for  such  proportion  of  the  total  number  of  weeks  allowe-d 
for  the  amputation  or  the  loss  of  the  use  of  the  entire  member,  as  the  affected 
or  amputated  portion  thereof  bears  to  the  whole. 

4.  Temporary  Partial  Disability.  In  case  of  temporary  partial  disability, 
except  the  particular  cases  mentioned  in  subdivision  three  of  this  section,  an 
injured  employee  shall  receive  fifty  per  centum  of  the  difference  between 
his  average  weekly  wages  and  his  wage-earning  capacity  thereafter  in  the 
same  employment  or  otherwise,  if  less  than  before  the  accident,  during  the 
continuance  of  such  partial  disability,  but  not  in  excess  of  three  thousand  five 
hundred  dollars,  except  as  otherwise  provided  in  this  Article. 


35 

In  case  the  injury  causes  death  within  the  period  of  two  years,  the 
benefits  shall  be  in  the  amounts  and  to  the  persons  following: 

If  there  be  no  dependents,  the  disbursements  shall  be  limited  to  the 
expenses  provided  for  in  Section  thirty-seven  hereof. 

If  there  are  wholly  dependent  persons  at  the  time  of  the  death,  the  pay- 
ment shall  be  fifty  per  cent,  of  the  average  weekly  wages,  and  to  continue  for 
the  remainder  of  the  period  between  the  date  of  the  death  and  eight  years 
after  the  date  of  the  injury,  and  not  to  amount  to  more  than  a  maximum  of 
four  thousand  two  hundred  and  fifty  dollars,  nor  less  than  a  minimum  of 
one  thousand  dollars. 

If  there  are  partly  dependent  persons  at  the  time  of  the  death,  the  pay- 
ment shall  be  fifty  per  cent,  of  the  average  weekly  wages,  and  to  continue  for 
all  or  such  portion  of  the  period  of  eight  years  after  the  date  of  the  injury, 
as  the  Commission  in  each  may  determine,  and  not  to  amount  to  more 
a  maximum  of  three  thousand  dollars. 

The  following  persons  shall  be  presumed  to  be  wholpendent  for 
support  upon  a  deceased  employe :  A  wife  or  invalid  husband  ("Invalid" 
meaning  one  physically  or  mentally  incapacitated  from  earning),  a  child  or 
children  under  the  age  of  sixteen  years  (or  over  said  age  if  physically  or 
mentally  incapacitated  from  earning)  living  with  or  dependent  upon  the 
parent  at  the  time  of  the  injury  or  death. 

In  all  other  cases,  questions  of  dependency,  in  whole  or  in  part,  shall  be 
determined  in  accordance  with  the  facts  in  each  particular  case  existing  at 
the  time  of  the  injury  resulting  in  death  of  such  employe,  but  no  person  shall 
be  considered  as  dependent  unless  such  person  be  a  father,  mother,  grand- 
father, grandmother,  stepchild  or  grandchild,  or  brother  or  sister  of  the  de- 
ceased employe,  including  those  otherwise  specified  in  this  section. 

Compensation  under  this  Article  to  alien  dependent  widows,  children 
and  parents,  not  residents  of  the  United  States,  shall  be  the  same  in  amount 
as  is  provided  in  each  case  for  residents,  except  that,  at  any  time  within  one 
year  after  an  accident  resulting  in  death,  the  Commission  may  in  its  discretion 
convert  any  payments  thereafter  to  become  due  to  such  beneficiaries  into  a 
lump  sum  payment,  not  in  any  case  to  exceed  twenty-four  hundred  dollars, 
by  paying  a  sum  equal  to  three-fourths  of  the  then  value  of  such  payments. 

Non-resident  alien  dependents  may  be  officially  represented  by  the  Con- 
sular officers  of  the  nation  of  which  such  alien  or  aliens  may  be  citizens  or 
subjects,  and  in  such  cases  the  Consular  officers  shall  have  the  right  to  re* 
ceive,  for  distribution  to  such  non-resident  alien  dependents,  all  compensation 
awarded  hereunder,  and  the  receipt  of  such  Consular  officers  shall  be  a  full 
discharge  of  all  sums  paid  to  and  received  by  them.  [1914,  ch.  800,  see,  35.] 

§  37-  [As  amended  by  Chapter  597,  Acts  of  1916.]  In  addition  to  the 
compensation  provided  for  herein  the  employer  shall  promptly  provide  for  an 
injured  employe,  such  medical,  surgical  or  other  attendance  or  treatment, 
nurse  and  hospital  services,  medicines,  crutches,  and  apparatus  as  may  be 
required  by  the  Commission  in  an  amount  not  to  exceed  one  hundred  and 
fifty  dollars  ($150.00).  If  the  employer  fail  to  provide  the  same  the  injured 
employe  may  do  so  at  the  expense  of  the  employer.  All  fees  and  other 
charges  for  such  treatment  and  services  shall  be  subject  to  regulations  by 


.       36 

the  commission,  and  shall  be  limited  to  such  charges  as  prevail  in  the  same 
community  for  similar  treatment  of  injured  persons  of  a  like  standard  of 
living,  and  in  case  death  ensues  from  the  injury  within  two  years,  reasonable 
funeral  expenses  shall  be  allowed  not  to  exceed  the  sum  of  seventy-five  dol- 
lars ($75).  Provided,  however,  that  if  there  are  no  dependents  and  the 
dceased  employe  leaves  sufficient  estate  to  pay  same,  all  expenses  of  last  sick- 
ness and  burial  shall  be  paid  by  said  estate  and  not  by  the  employer  or  in- 
surance company,  or  Commission  out  of  the  State  Accident  Fund,  as  the  case 
may  be.  The  Commission  shall  have  full  power  to  adopt  rules  and  regula- 
tions with  respect  to  furnishing  medical,  nurse,  hospital  services  and  medicine 
to  injured  employes  entitled  thereto  and  for  the  payment  therefor.  [1914,  ch. 
800,  sec.  36.] 

§38.  Notice  of  an  injury  for  which  compensation  is  payable  under  this 
Article  shall  be  given  to  the  employer  within  ten  days  after  the  accident,  and 
also  in  case  of  the  death  of  the  employe  resulting  from  such  injury,  within 
thirty  days  after  such  death.  Such  notice  may  be  in  writing,  and  contain 
the  name  and  address  of  the  employe,  and  state  in  ordinary  language  the  time, 
place,  nature  and  cause  of  the  injury,  and  be  signed  by  him  or  by  a  person  on 
his  behalf,  or  in  case  of  death,  by  any  one  or  more  of  his  dependents,  or  by 
a  person  on  their  behalf.  The  failure  to  give  such  notice,  unless  excused  by 
the  Commission  either  on  the  ground  that  notice  for  some  sufficient  reason 
coul'd  not  have  been  given,  or  on  the  ground  that  the  State  Accident  Fund, 
insurance  company,  or  employer,  as  the  case  may  be,  has  not  been  prejudiced 
thereby,  shall  be  a  bar  to  any  claim  under  this  Article. 

Whenever  an  accident  occurs  to  any  employe  it  shall  be  the  duty  of  the 
employer  to  at  once  report  such  accident  and  the  injury  resulting  therefrom 
to  the  Commission,  and  also  to  any  local  representative  of  the  Commission. 
Such  report  shall  state  (a)  the  time,  cause  and  nature  of  the  accident  and 
injuries,  and  the  probable  duration  of  the  injury  resulting  therefrom;  (b) 
whether  the  accident  arose  out  of  or  in  the  course  of  the  injured  person's 
employment;  (c)  any  other  matters  the  rules  and  regulations  of  the  Com- 
mission may  prescribe.  [1914,  ch.  800,  sec.  37.] 

§  39.  [As  amended  by  Chapter  597,  Acts  of  1916.]  When  an  employe 
is  entitled  to  compensation  under  this  Article  he  shall  file  with  the  Commis- 
sion his  application  together  with  the  certificate  of  the  physician,  if  any, 
who  attended  him,  within  thirty  days  after  the  beginning  of  his  disability, 
for  which  compensation  is  claimed,  and  failure  to  do  so  unless  excused  by  the 
Commission,  either  on  the  ground  that  the  insurance  carrier  or  the  employer 
has  not  been  prejudiced  thereby,  or  for  some  other  sufficient  reason,  shall  be 
a  bar  to  any  claim  under  this  Article. 

When 'death  results  from  injury  the  parties  entitled  to  compensation 
under  this  Article  or  someone  in  their  behalf,  shall  make  application  for  the 
same  to  the  Commission,  which  application  must  be  accompanied  with  proof 
of  death  and  proof  of  relationship  showing  the  parties  to  be  entitled  to  com- 
pensation under  this  Article,  certificates  of  attending  physician,  if  attended 
by  a  physician,  and  such  other  proof  as  may  be  required  by  the  rules  of  the 
Commision.  [1914,  ch.  800,  sec.  38.] 

§  40.    The  Commission  shall  make  or  cause  to  be  made  such  investigation 


37 

of  any  claim  as  it  deems  necessary,  and  upon  application  of  either  party,  shall 
order  a  hearing  and  within  thirty  days  after  a  claim  for  compensation  is 
submitted  under  this  section,  or  such  hearing  closed,  shall  make  or  deny  an 
award,  determine  such  claim  for  compensation,  and  file  the  same  in  the  office 
of  the  Commission,  together  with  a  statement  of  its  conclusions  of  fact  and 
rulings  of  law.  The  Commission  may,  if  it  deems  proper,  on  the  written 
application  of  any  party  in  interest,  or  on  its  own  miotion,  require  the  claim- 
ant to  appear  before  an  arbitration  committee  appointed  by  it  and  consisting 
of  one  representative  of  employes,  one  representative  of  employers,  and  either 
a  member  of  the  Commission  or  a  person  specially  deputized  by  the  Commis- 
sion to  act  as  chairman,  before  which  the  evidence  in  regard  to  the  claim  shall 
be  adduced  and  by  which  it  shall  be  considered  and  reported  upon  with  the 
right  of  either  party  to  appeal  to  the  Commission  from  the  finding  of  said 
arbitration  committee  on  all  questions  of  law  and  fact. 

If  changes  of  circumstances  warrant  an  increase  or  rearrangement  of 
compensation,  like  application  shall  be  made.  No  increase  or  rearrangement 
shall  be  operative  for  any  period  prior  to  application  therefor.  [1914,  ch.  800, 
sec.  39-] 

§41.  Any  person  who  shall  knowingly  secure  or  attempt  to  secure  larger 
compensation  or  compensation  for  a  longer  term  than  he  is  entitled  to,  or 
knowingly  secure  or  attempt  to  secure  compensation  when  he  is  not  entitled 
to  any,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  not  exceeding  five  hundred  dollars  or  imprisoned  not  exceeding 
twelve  months,  or  both,  in  the  discretion  of  the  Court,  and  shall  from  and 
after  such  conviction,  cease  to  receive  any  compensation.  [1914,  ch.  800, 
sec.  40.] 

§  42.  Any  employe  entitled  to  receive  compensation  under  this  Article 
is  required,  if  requested  by  the  Commission  to  submit  himself  for  medical 
examination  at  a  time  and  from  time  to  time  at  a  place  reasonably  con- 
venient for  the  employe  and  as  may  be  provided  by  the  rules  of  the  Commis- 
sion. If  the  employe  refuse  to  submit  to  any  such  examination,  or  obstructs 
the  same,  his  right  to  compensation  shall  be  suspended  until  such  examina- 
tion has  taken  place,  and  no  compensation  shall  be  payable  during  or  for 
account  of  such  period.  [1914,  ch.  800,  sec.  41.] 

§  43.  Should  a  further  accident  occur  to  an  employe  already  receiving 
payment  under  this  Article  for  a  disability,  or  who  has  been  previously  the 
recipient  of  a  lump  sum  payment  under  this  Article,  his  future  compensation 
shall  be  adjusted  according  to  the  other  provisions  of  this  Article  and  with 
regard  to  the  combined  effect  of  his  injuries  and  his  past  receipt  of  compensa- 
tion under  this  Article.  In  case  of  the  remarriage  of  a  dependent  widow  of 
a  deceased  employe  without  dependent  children,  all  compensation  under  this 
Article  shall  cease,  and  further  no  widow  or  widower  shall  receive  any  bene- 
fits under  this  Article  where  the  marriage  shall  have  taken  place  after  the 
person  entitled  to  benefits  hereunder  shall  have  been  injured,  provided  there 
are  no  dependent  children. 

If  aggravation,  diminution  or  termination  of  disability  takes  place  or  be 
discovered  after  the  rate  of  compensation  shall  have  been  established  or  com- 
pensation terminated  in  any  case,  the  Commission  may,  upon  the  application 


38 

of  any  party  in  interest  or  upon  its  own  motion,  readjust  for  future  application 
the  rate  of  compensation  in  accordance  with  rules  in  this  Section  provided, 
or  in  a  proper  case,  terminate  the  payments. 

A  husband  or  wife  of  an  injured  employe,  who  has  deserted  said  em- 
ploye for  more  than  one  year  prior  to  the  time  of  the  injury  or  subsequently 
shall  not  be  a  beneficiary  under  this  Article. 

In  case  of  the  remarriage  of  a  dependent  widow  of  a  deceased  employe 
without  dependent  children,  all  compensation  under  this  Article  shall  cease, 
and  further  no  widow  or  widower  shall  receive  any  benefits  under  this  Article 
where  the  marriage  shall  .have  taken  place  after  the  person  entitled  to  benefits 
hereunder  shall  have  been  injured,  provided  there  are  no  dependent  children. 
[1914,  ch.  800,  sec.  42.] 

,§44.  If  a  beneficiary  shall  reside  or  remove  out  of  the  State  and  shall 
have  be^n  such  non-resident  for  a  period  of  one  year,  the  Commission  may 
in  its  discretion  convert  any  payments  thereafter  to  become  due  to  such  bene- 
ficiary into  a  lump  sum  payment,  not  in  any  case  to  exceed  twenty-four 
hundred  dollars  by  paying  a  sum  equal  to  three-fourths  of  the  then  value  of 
such  payments.  [1914,  ch.  800,  sec.  43.] 

§  45.  If  injury  or  death  results  to  a  workman  from  the  deliberate  in- 
tention of  his  employer  to  produce  such  injury  or  death,  the  employe,  the 
widow,  widower,  child,  children  or  dependents  of  the  employe  shall  have  the 
privilege  either  to  take  under  this  Article  or  have  cause  of  action  against  such 
employer,  as  if  this  Article  had  not  been  passed.  [1914,  ch.  800,  sec.  44.] 

§46.  [As  amended  by  Chapter  597,  Acts  of  1916.]  Notwithstanding  any- 
thing hereinbefore  or  hereinafter  contained,  no  employe  or  dependent  of  any 
employe  shall  be  entitled  to  receive  any  compensation  or  benefits  under  this 
Article  on  account  of  any  injury  to  or  death  of  an  employe  caused  by  self- 
inflicted  injury,  the  wilful  misconduct,  or  where  the  injury  or  death  resulted 
solely  from  the  intoxication  of  the  injured  employe.  [1914,  ch.  800,  sec.  45.] 

§47.  If  it  be  established  that  the  injured  employe  was  of  such  age  and 
experience  when  injured  as  that  under  the  natural  conditions  his  wages 
would  be  expected  to  increase,  this  fact  may  be  considered  in  arriving  at  his 
average  weekly  wage.  [1914,  ch.  800,  sec.  46.] 

§  48.  A  minor  working  at  an  age  legally  permitted  under  the  laws  of  this 
State  shall  be  deemed  sui  juris  for  the  purposes  of  this  Article,  and  no  other 
person  shall  have  /any  cause  of  action  or  right  to  compensation  for  any 
injury  to  such  minor  employe  unless  otherwise  herein  provided.  [1914,  ch. 
800,  sec.  47.] 

§49.  No  compensation  shall  be  allowed  for  two  weeks  after  the  injury 
is  received  except  disbursements  herein  authorized  for  medical,  nurse  and 
hospital  services  and  medicines,  and  for  funeral  expenses.  [1914,  ch.  800, 
sec.  48.] 

§  50.  The  benefits  in  case  of  death  shall  be  paid  to  such  one  or  more 
of  the  dependents  of  the  decedent  for  the  benefit  of  all  the  dependents  as  may 
be  determined  by  the  Commission,  which  may  apportion  the  benefits  among 
the  dependents  in  such  manner  as  it  may  deem  just  and  equitable.  The  de- 
pendent or  persons  to  whom  benefits  are  paid  shall  apply  the  same  to  the  use 
of  the  several  beneficiaries  thereof  according  to  their  respective  claims  upon 


39 

the  decedent  for  support,  in  compliance  with  the  findings  and  direction  of 
the  Commission.  [1914,  ch.  800,  sec.  49.] 

§  51.  In  every  case  providing  for  compensation  to  an  employe  or  his 
dependent,  excepting  temporary  disability,  the  Commission  may,  if  in  its 
opinion  the  facts  and  circumstances  of  the  case  warrant  it,  allow  the  com- 
pensation to  be  paid  in  a  partial  or  total  lump  sum.  [1914,  ch.  800,  sec.  50.] 

§  52.  No  money  payable  under  this  Article  shall  prior  to  issuance  and 
delivery  of  the  warrant  or  voucher  therefor,  be  capable  of  being  assigned, 
charged  or  taken  in  execution  or  attachment.  [1914,  ch.  800,  sec.  51.] 

§53.  No  .employer  or  employe  who  are  subject  to  the  provisions  of  this 
Article  shall  exempt  himself  from  the  burden  or  waive  the  benefit  of  this 
Article  by  any  contract,  agreement,  rule  or  regulation,  and  any  such  contract, 
agreement,  rule  or  regulation  shall  be  pro  tanto  void.  No  agreement  by  such 
employe  to  pay  any  portion  of  the  premium  paid  by  such  employer  shall  be 
valid,  and  any  employer  who  deducts  any  portion  of  such  premium  from  the 
wages  or  salary  of  any  employe  entitled  to  the  benefits  of  this  Article  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
more  than  two  hundred  dollars  for  each  offense.  [1914,  ch.  800,  sec.  52.] 

§  54.  The  powers  and  jurisdiction  of  the  Commission  over  each  case 
shall  be  continuing  and  it  may  from  time  to  time  make  such  modifications  or 
change  with  respect  to  former  findings  or  orders  with  respect  thereto  as  in 
its  opinion  may  be  justified.  [1914,  ch.  800,  sec.  53.] 

§  55.  If  an  employe  shall  be  injured  because  of  the  absence  of  any 
safeguard  or  protection  required  by  the  Commision,  the  employer  shall  be 
guilty  of  a  misdemeanor  and  liable  to  a  fine  of  not  less  than  $50.00  or  more 
than  $500.00  to  be  paid  into  the  State  Accident  Fund.  [1914,  ch.  800,  sec.  54.] 

APPEALS. 

§  56.  Any  employer,  employe,  beneficiary  or  person  feeling  aggrieved  by 
any  decision  of  the  Commission  affecting  his  interests  under  this  Article  may 
have  the  same  reviewed  by  a  proceeding  in  the  nature  of  an  appeal  and 
initiated  in  the  Circuit  Court  of  the  County  or  in  the  Common  Law  Courts 
•of  Baltimore  City  having  jurisdiction  over  the  place  where  the  accident  oc- 
curred or  over  the  person  appealing  from  such  decision,  and  the  court  shall 
determine  whether  the  Commission  has  justly  considered  all  the  facts  con- 
cerning injury,  whether  it  has  exceeded  the  powers  granted  it  by  the  Article, 
whether  it  has  misconstrued  the  law  and  facts  applicable  in  the  case  decided. 
If  the  Court  shall  determine  that  the  Commission  has  acted  within  its  powers 
and  has  correctly  construed  the  law  and  facts,  the  decision  of  the  Commission 
shall  be  confirmed,  otherwise  it  shall  be  reversed  or  modified.  Upon  the 
hearing  of  such  an  appeal  the  Court  shall,  upon  motion  of  either  party  filed 
with  the  clerk  of  the  court  according  to  the  practice  in  civil  cases,  submit  to 
a  jury  any  question  of  fact  involved  in  such  case.  The  proceedings  in  every 
such  an  appeal  shall  be  informal  and  summary,  but  full  opportunity  to  be 
heard  shall  be  had  before  judgment  is  pronounced.  No  such  appeal  shall  be 
entertained  unless  notice  of  appeal  shall  have  been  served  personally  upon 
some  member  of  the  CQtnmission  within  thirty  days  following  the  rendition 
of  the  decision  appealed  from.  An  appeal  shall  not  be  a  stay.  If  the 


40 

decision  of  the  Commission  shall  be  changed  or  modified,  the  practice  pre- 
vailing in  civil  cases  as  to  the  payment  of  costs  and  the  fees  of  medical  and 
other  witnesses  shall  apply.  Appeal  shall  lie  from  the  judgment  of  the 
Circuit  Court  of  the  County  or  the  Common  Law  Courts  of  Baltimore  City 
to  the  Court  of  Appeals  as  in  other  civil  cases,  and  such  appeals,  shall  have 
precedence  over  all  cases  except  criminal  cases. 

The  attorney-general  shall  be  the  legal  adviser  of  the  Commission  and 
shall  represent  it  in  all  proceedings  whenever  so  requested  by  any  of  the  com- 
missioners. In  all  court  proceedings  under  or  pursuant  to  this  Article,  the 
decision  of  the  Commision  shall  be  prima  facie  correct  and  the  burden  of 
proof  shall  be  upon  the  party  attacking  the  same.  [1914,  ch.  800,  sec.  55,] 

§  57.  If  the  Commission  or  the  Court  before  which  any  proceedings  for 
compensation  or  concerning  an  award  of  compensation  have  been  brought, 
under  this  Article,  determines  that  such  proceedings  have  not  been  so  brought 
upon  reasonable  ground,  it  shall  assess  the  whole  cost  of  the  proceeding  upon 
the  party  who  has  so  brought  them.  Claims  for  legal  services  in  connection 
with  any  claims  arising  under  this  Article  and  claims  for  services  or  treat- 
ment rendered  or  supplies  furnished  pursuant  to  Section  37  of  this  Article, 
shall  not  be  enforceable  unless  approved  by  the  Commission.  If  so  approved, 
such  claim  or  claims  shall  become  a  lien  upon  the  compensation  awarded,  but 
shall  be  paid  therefrom  only  in  the  manner  fixed  by  the  Commission.  [1914, 
ch.  800,  sec.  56.] 

MISCELLANEOUS. 

§  58.  Where  the  injury  or  death  for  which  compensation  is  payable  under 
this  Article  was  caused  under  circumstances  creating  a  legal  liability  in  some 
person,  other  than  the  employer,  to  pay  damages  in  respect  thereof,  the 
employe  or,  in  case  of  death,  his  personal  representative  or  dependents  as 
hereinbefore  defined,  may  proceed  either  by  law  against  that  other  person 
to  recover  damages  or  against  the  employer  for  compensation  under  this 
Article,  or  in  case  of  joint  tort  feasors  against  both;  and  if  compensation  is 
claimed  and  awarded  6r  paid  under  this  Article  any  employer  may  enforce 
for  the  benefit  of  the  insurance  company  or  association  carrying  the  risk  or 
the  State  Accident  Fund,  or  himself,  as  the  case  may  be,  the  liability  of  such 
other  person ;  provided,  however,  if  damages  are  recovered  in  excess  of  the 
compensation  already  paid  or  awarded  to  be  paid  under  this  Article,  then  any 
such  excess  shall  be  paid  to  the  injured  employe  or,  in  case  of  death,  to  his 
dependents,  less  the  employer's  expenses  and  costs  of  action.  [1914,  ch. 
800,  sec.  57.] 

§  59.  If  the  provisions  of  this  Article  relative  to  compensation  for  in- 
juries to  or  death  of  employes  become  invalid  because  of  any  adjudication,  or 
be  repealed,  the  period  intervening  between  the  occurrence  of  an  injury  or 
death,  not  previously  compensated  for  under  this  Article  by  lump  payment 
or  completed  periodical  payments  shall  not  be  computed  as  a  part  of  the  time 
limited  by  law  for  the  commencement  of  any  action  relating  to  such  injury 
or  death.  Provided,  that  such  action  be  commenced  within  one  year  after 
such  repeal  or  adjudication,  but  in  any  such  action  any  sum  paid  to  the 
employe  on  account  of  injury  for  which  the  action  is  prosecuted,  shall  be  taken 


41 

into  account  or  disposed  of  as  follows:  If  the  defendant  employer  shall  have 
insured  himself  as  provided  for  in  this  Article  without  delinquency,  such 
sums  as  may  have  been  paid  to  the  employe  or  his  dependents  on  account  of 
injury  or  death,  shall  be  credited  upon  recovery  as  payment  thereon.  [1914, 
ch.  800,  sec.  58.] 

§  spA.  [Added  by  Chapter  597,  Acts  of  1916.]  It  shall  be  the  duty  of 
the  clerk  of  the  Court  to  which  a  case  is  sent  on  appeal,  under  the  preceding 
section,  to  send  to  the  Commission  a  duly  certified  copy  of  the  docket  entries, 
and  judgment  of  the  Court  in  each  case  heard  and  determined  on  appeal. 

§60.  If  any  employer  shall  be  adjudicated  to  be  outside  the  lawful 
scope  of  this  Article,  the  Article  shall  not  apply  to  him  or  his  employes;  if 
any  employe  shall  be  adjudicated  to  be  outside  the  lawful  scope  of  this  Article, 
because  of  remoteness  of  his  work  from  the  hazard  of  his  employer's  work, 
any  such  adjudication  shall  not  impair  the  validity  of  this  Article  in  other 
respects,  and  in  every  such  case  an  accounting  in  accordance  with  the  justice 
of  the  case  shall  be  had  of  moneys  received.  [1914,  ch.  800,  sec.  59.] 

§  6oA.  [Added  by  Chapter  597,  Acts  of  1916.]  When  any  person  as  a 
principal  contractor,  undertakes  to  execute  any  work  which  is  a  part  of  his 
trade,  business  or  occupation  which  he  has  contracted  to  perform  and  con- 
tracts with  any  other  person  as  sub-contractor,  for  the  execution  by  or  under 
the  sub-contractor,  of  the  whole  or  any  part  of  the  work  undertaken  by  the 
principal  contractor,  the  principal  contractor  shall  be  liable  to  pay  to  any 
workman  employed  in  the  execution  of  the  work  any  compensation  under  this 
Article  which  he  would  have  been  liable  to  pay  if  that  workman  had  been 
immediately  employed  by  him;  and  where  compensation  is  claimed  from  or 
proceedings  are  taken  against  the  principal  contractor,  then,  in  the  application 
of  this  Article,  reference  to  the  principal  contractor  shall  be  substituted  for 
reference  to  the  employer,  except  that  the  amount  of  compensation  shall  be 
calculated  with  reference  to  the  earnings  of  the  workman  under  the  employer 
by  whom  he  is  immediately  employed. 

Where  the  principal  contractor  is  liable  to  pay  compensation  under  this 
section,  he  shall  be  entitled  to  indemnity  from  any  employer,  who  would  have 
been  liable  to  pay  compensation  to  the  employe  independently  of  this  section, 
and  shall  have  a  cause  of  action  therefor  against  such  employer. 

Nothing  in  this  section  shall  be  construed  as  preventing  a  workman  from 
recovering  compensation  under  this  Article  from  the  sub-contractor  instead 
of  from  the  contractor. 

Whenever  an  employe  of  a  sub-contractor  files  a  claim  under  this  Article 
against  the  principal  contractor,  the  principal  contractor  shall  have  the  right 
to  join  the  sub-contractor  or  any  intermediate  contractors  as  defendant  or 
co-defendant  in  the  case. 

§  61.  The  rule  that  statutes  in  derogation  of  the  common  law  are  to  be 
strictly  construed  shall  have  no  application  to  this  Article ;  but  this  Article 
shall  be  so  interpreted  and  construed  as  to  effectuate  its  general  purpose. 
[1914,  ch.  800,  sec.  60.] 

§62.  In  any  proceeding  for  the  enforcement  of  a  claim  for  compensa- 
tion under  this  Article,  it  shall  be  presumed  in  the  absence  of  substantial  evi- 
dence to  the  contrary : 


42 

(a)  That  the  claim  comes  within  the  provisions  of  this  Article. 

(b)  That  sufficient  notice  thereof  was  given. 

(c)  That  the  injury  was  not  occasioned  by  the  wilful  intention  of  the 
injured  employe  to  bring  about  the  injury  or  death  of  himself  or  of  another. 

(d)  That  the  injury  did  not  result  solely  from  the  intoxication  of  the 
injured  employe  while  on  duty.     [1914,  ch.  800,  sec.  61.] 

§  63.     [As  amended  by  Chapters  86  and  597,  Acts  of  1916.]     Definitions 
as  used  in  this  Article : 

1.  "Extra-hazardous  employment"  means  a  work  or  occupation  described 
in  Section  32  of  this  Article. 

2.  "Employer,"  except  when  otherwise  expressly  stated,  means  a  person, 
partnership,  association,  corporation,  and  the  legal  representatives  of  a  de- 
ceased employer,  or  the  receiver  or  trustee  of  a  person,  partnership,  associa- 
tion or  corporation  employing  workmen  in  extra-hazardous  employments. 

3.  "Employe"  means  a  person  who  is  engaged  in  an  extra-hazardous 
employment  in  the  service  of  an  employer  carrying  on  or  conducting  the  same 
upon  the  premises  or  at  a  plant,  or  in  the  course  of  his  employment  away  from 
the  plant   of  his    employer,  and   shall   not   include    farm  laborers.     "Farm 
laborers"  as  used  in  this  Article  shall  mean  any  employes  who,  at  the  time  of 
the  accident,  are  engaged  in  rendering  any  agricultural  service,  including  the 
thrashing  and  harvesting  of  crops,  or  who,  at  the  time  of  the  accident,  are 
engaged  in  service  incidental  to  and  in  connection  with  agricultural  pursuits 
or  developments,  whether  the  employer  be  the  farmer  or  other  person  under- 
taking or   contracting  with   the   farmer  to   perform   any   such   agrictultural 
service,  pursuit  or  development.    This  Article  shall  not  apply  to  farm  laborers, 
'domestic  servants  nor  to  country  blacksmiths,  wheelwrights  or  similar  rural 

employments,  nor  in  any  case  where  the  accident  occurred  before  this  Article 
takes  effect,  nor  to  casual  employes  or  any  employe  whose  salary  is  in  excess 
of  two  thousand  dollars  a  year,  or  any  employes  who  are  employed  wholly 
without  the  State. 

4.  "Employment"  includes  employment  only  in  a  trade,  business  or  oc- 
cupation carried  on  by  the  employer  for  pecuniary  gain. 

5.  "Compensation"  means  the  money  allowance  payable  to  an  employe 
or  to  his  dependents  as  provided  for  in  this  Article,  and  includes  funeral 
benefits  provided  therein. 

6.  "Injury"  and  "Personal  Injury"  mean  only  accidental  injuries  arising 
out  of  and  in  the  course  of  employment  and  such  disease  or  infection  as  may 
naturally  result  therefrom. 

7.  "Death"  when  mentioned  as  a  basis  for  the  right  to  compensation 
means  only  death  resulting  from  such  injury. 

8.  "Average  weekly  wages"   for  the  purposes  of  this  Article  shall  be 
taken  to  mean  the  average  weekly  wages  earned  by  an  employe  when  working 
on  full  time. 

9.  "State  Accident  Fund"  means  the  State  Insurance  Fund  provided  for 
in  Section  16  of  this  Article. 

10.  "Child"  shall  include  a  posthumous  child  and  a  child  legally  adopted 
prior  to  the  injury  of  the  employe. . 

•  ii.    "Beneficiary"  means  a  husband,  wife,  child,  children  or  dependents 


43 

of  an  employe  in  whom   shall  vest  a  right  to  receive  payment  under  this 
Article. 

12.  [Added  by  Chapter  86,  Acts  of  1916.]  "Mining"  means  all  under- 
ground workings  by  shaft,  drift,  slope  or  otherwise,  for  the  securing,  remov- 
ing and  taking  out  from  under  the  ground  coal,  iron  ore,  clays,  and  all  other 
minerals  and  mineral  substances,  found  in  and  under  the  earth,  and  shall 
mean  all  work  done  by  any  miner  or  employe  working  in  and  about  said 
mines  in  said  shafts,  slopes,  headings,  tunnels,  rooms  and  other  subterranean 
places  therein,  for  the  purposes  of  obtaining  and  removing  therefrom  all  such 
minerals  and  mineral  substances,  and  the  benefits  of  this  Article  shall  be 
extended  to  any  employe,  or  in  case  of  his  death,  to  his  dependent  relatives, 
otherwise  entitled,  who  shall  be  killed  or  injured  while  so  working  or  em- 
ployed therein,  and  such  mine  worker  shall  be  deemed  to  be  wholly  employed 
in  the  State  of  Maryland,  and  entitled  to  the  benefits  of  this  Article,  if  the 
tipple,  mouth  or  principal  mine  entrance  in  and  about  which  he  works,  is 
situated  in  this  State,  notwithstanding  such  shaft,  heading,  slope  or  other  sub- 
terranean tunnel  may  extend  underground  into  an  adjoining  State,  and  not- 
withstanding such  mine  worker  so  employed  in  this  State  may  be  killed  or  in- 
jured while  working  in  said  mine  beyond  the  lines  of  this  State,  and  within 
the  lines  of  an  adjoining  State.  [1914,  ch.  800,  sec.  62.] 

§  64.  The  sum  of  Forty  Thousand  Dollars  ($40,000)  annually  for  the 
years  1914,  1915  and  1916,  or  so  much  thereof  as  may  be  necessary  annually, 
for  the  maintenance  of  the  State  Industrial  Accident  Commission  and  the  pay- 
ment of  the  salaries  and  expenses  of  said  Commission  and  its  officers  and 
employes,  and  so  much  thereof,  if  any,  as  may  be  necessary  to  maintain  a 
solvent  State  Accident  Fund,  is  hereby  appropriated,  and  shall  be  payable  on 
the  order  or  orders  of  the  said  Commission  from  time  to  time,  as  in  this  law 
provided ;  and  the  Comptroller  shall  draw  his  warrant  upon  the  Treasurer  of 
Maryland,  as  in  law  provided,  for  the  annual  appropriations.  And  a  further 
appropriation  is  hereby  made  of  the  sum  of  Fifteen  Thousand  Dollars  for 
the  year  1914  for  the  necessary  expenses  of  the  aforesaid  State  Industrial 
Accident  Commission  to  cover  printing,  office  fixtures  and  such  other  legiti- 
mate expenses  as  the  Commission  may  incur  in  establishing  their  office  or 
offices  as  in  this  Article  contemplated  and  the  Comptroller  of  the  State  of 
Maryland  shall  draw  his  warrant  upon  the  Treasurer  of  Maryland  for  the 
said  sum  of  Fifteen  Thousand  Dollars  ($15,000),  or  any  part  thereof,  upon 
the  order  or  orders  presented  to  the  State  Comptroller  by  the  said  State 
Industrial  Accident  Commission.  [1914,  ch.  8bo,  sec.  63.] 

*  §  64.  [Chapter  800,  Acts  of  1914.]  And  be  it  further  enacted  by  the 
General  Assembly  of  Maryland,  That  Chapter  153  of  the  Acts  of  1910,  as 
amended  by  Chapter  445  of  the  Acts  of  1912  of  the  General  Assembly  of 
Maryland  be  and  the  same  are  hereby  repealed,  except  for  the  purpose  of  pro- 
viding confirmation  for  all  claims  which  may  arise  thereunder,  prior  to  the 
first  day  of  November,  1914;  and  if  after  all  such  claims  are  paid,  there  be  a 
surplus  in  the  fund,  it  shall  be  turned  over  to  the  Treasurer  of  Maryland  for 
the  account  of  the  State  Industrial  Accident  Fund,  but  if  there  be  a  deficit  in 


*  Sections  64,  65  and  66  of  Chapter  800,  Acts  of  1914,  are  omitted  in  the  Code  and  their 
substance  put  in  a  foot-note.  t     ^  a    .  •  »     •  .•."*• 


44 

said  fund  at  the  time  this  Act  takes  effect  as  between  employers  and  em- 
ployes, the  payments  provided  for  under  Chapter  153  of  the  Acts  of  1910 
as  amended  by  Chapter  445  of  the  Acts  of  1912  shall  be  continued  by  the  em- 
ployer and  employes  of  Allegany  and  Garrett  Counties  to  the  Treasurers  of 
said  counties  until  such  pending  claims  are  paid,  when  said  payments  shall 
cease. 

*  §  65.  [Chapter  800,  Acts  of  1914.]  And  be  it  further  enacted  by  the 
General  Assembly  of  Maryland,  That  the  Acts  of  1902,  Chapter  139;  and  the 
Acts  of  1912,  Chapter  837,  be  and  the  same  are  hereby  repealed ;  and  that  all 
Acts  or  parts  of  Acts  in  conflict  with  this  Act  are  hereby  repealed  to  the 
extent  that  they  conflict  with  this  Act  and  no  further. 

*§66.  [Chapter  800,  Acts  of  1914.]  And  be  it  further  enacted,  That 
this  Act  shall  take  effect  from  the  date  of  its  passage,  but  that  its  applica- 
tion as  between  employers  and  employes  shall  date  from  and  include  the  first 
day  of  November,  one  thousand  nine  hundred  and  fourteen. 

Approved : 

P.  L.  Goldsborough, 

Governor. 

Jesse  D.  Price, 

President  of  the  Senate. 
Jas.  McC.  Trippe, 

Speaker  of  The  House  of  Delegates. 


*Sections  64,  65  and  66  of  Chapter  800,  Acts  of  1914,  are  omitted  in  the  Code  and  their 
substance  put  in  a  foot-note. 


j?  CALIFORNIA  LIBRARY, 
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